Terms and Conditions
Last Updated: June 25, 2015
Please Note: These Terms and Conditions include an agreement to arbitrate all claims.
User Support/Help Function
c/o Palm Healthcare Foundation
700 South Dixie Highway, Suite 205
West Palm Beach, FL 33401
USE OF THE WEBSITE AND THE SERVICES
From time to time, PHF or a third party on PHF’s behalf may send you emails regarding important information concerning your use of the Website or the Services. Even if the electronic communication system that sends such emails to your account contains an “opt-out” feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.
All Users of the Services agree to act reasonably and responsibly. PHF does not control all content posted through the Services and, as such, does not guarantee the accuracy, integrity, quality or availability of such content. Although we do not censor the content being posted, we reserve the right to not post, to block, or to remove after its posting, any content which in our sole discretion we deem to violate these Terms and Conditions. Such content may be removed immediately and without prior notice, and further postings by the User who posted such content may be blocked. By using the Website or the Services, including, but not limited to, posting content to the Website or the Services, you represent and warrant to PHF that:
- You acknowledge and agree that you are solely responsible for the content you submit or post through the Services, the consequences of posting such content, both to you and to others, and the consequences of any use or reliance by third parties on content posted by you, as well as any reliance by you on content posted by third parties;
- Your use of the Website and the Services does not and will not involve anything unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, hateful, or racially, ethnically, or otherwise inappropriate or objectionable, and that you will not Submit such material to or through the Website or the Services;
- You possess all requisite power and authority to enter into these Terms and Conditions and to carry out your obligations pursuant to these Terms and Conditions;
- Your agreeing to the terms set forth in these Terms and Conditions, your use of the Website, and your use of the Services do not violate any federal, state, local, or other laws, rules, regulations, policies, or agreements to which you are bound;
- These Terms and Conditions constitute the valid and legally binding obligation of you, enforceable in accordance with its terms;
- You have full rights to any and all ideas, descriptions, pictures, recordings, stories, content, feedback, data, and other materials that you communicate, upload, post, or otherwise provide to, through, or in connection with the Website or the Services, or submit to us or our Affiliates to be uploaded to the Website (collectively, the “Materials” that you “Submit”), you are entitled to Submit the Materials, and all Materials are your original creations or you otherwise have full rights to use and Submit the Materials and to license us and our Affiliates with the rights to use the Materials as outlined in these Terms and Conditions, without any restrictions or limitations and without any monetary or other obligation by us or our Affiliates, and that use by us or our Affiliates as outlined in these Terms and Conditions will not infringe on any rights of any third party;
- You acknowledge and agree that you (and not we) are solely and fully responsible for any and all Materials you Submit, including their legality and appropriateness; and
- You acknowledge and agree that the Website and the Services are not intended to provide, nor should you or anyone else consider that the Website or the Services provide, any medical, legal, accounting, tax, or other advice.
In addition to, and without limiting, the other restrictions on Materials that may be Submitted, you agree not to Submit any Materials that:
- Falsely state or otherwise misrepresent your identity or affiliation with PHF or any other person or entity, or is otherwise fraudulent, false, inaccurate, or misleading;
- Contains confidential personal or business information;
- Contains unsolicited or unauthorized advertising, promotional materials, sweepstakes, junk mail, spam, chain letters, pyramid schemes, or any similar form of solicitation;
- Violates any law, ordinance or regulation, promotes illegal activities, or is harmful to minors;
- Directly contains, or has links to files that contain, viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, or any other similar malware or other software that may damage or interfere with the operation of the device or other property of another; or
- Infringe the intellectual property rights of any other person or entity.
RIGHTS YOU GRANT
While you retain ownership in the Materials you create, you hereby grant to PHF a perpetual, irrevocable, worldwide, non-exclusive, transferable, fully paid, royalty-free, and fully sub-licensable license to collect, store, analyze, use, and disclose the Materials, and portions thereof, in any form now existing or hereafter discovered, for the purpose of providing the Services and for the furtherance of our purposes and activities and to promote PHF, our Affiliates, and our programs, in any medium, and PHF may copy, publish, display, create derivative works and make other uses of the submissions and Materials (in whole or in part), and license others to do the same, for our purposes.
From time to time, PHF may need your permission to do additional things with the Materials, Personal Health Information, or the other information that you provide to PHF or our Affiliates through the Website or the Services for purposes of using the Website or the Services, including, without limitation, your “Personal Information”, which includes, but is not limited to, your name, contact information, username, password, other log-in information, and other account information, to be able to provide you with the Services. You are hereby providing PHF and our Affiliates with your permission to do those additional things in order to provide you with the Services. This permission also extends to affiliates and third parties PHF works with to provide the Services.
YOUR INFORMATION REPRESENTATIONS AND WARRANTIES
The Content (as defined below) of the Website and the Services are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or through the Services. Reliance on any information provided by us, our Affiliates, or any others through the Website or the Services is solely at your own risk. For the avoidance of doubt, the Website and the Services are also not intended to provide, nor should you or anyone else consider that the Website or the Services provide, any legal, accounting, tax, or other advice.
Copyright and Ownership
The Website and Services are licensed as Creative Commons Attribution-NonCommercial (CC BY-NC). Except as may otherwise be explicitly indicated herein or within the Website or the Services: (1) you are authorized to view, play, print, and download the Content for personal, informational, and noncommercial purposes only; and (2) you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any of the Content or the information contained therein without prior written approval from PHF, and, as applicable, our Affiliates. You will not remove any copyright, trademark or other proprietary notices from the Content. Permission for any other use of the Content must be obtained from PHF in writing. PHF hereby reserves all rights not expressly granted to you in this license. You shall give attribution to PHF wherever you use Content you receive from the Website or the Services.
In using Content in accordance with these Terms and Conditions, you may not: (1) state or imply that PHF or our Affiliates are endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or (2) represent that you or your organization has a relationship with PHF or our Affiliates or any of the events, products, or services that PHF or our Affiliates provide, unless that relationship is the subject of a written agreement that has been signed by PHF or our Affiliates, as applicable. You will not access any Content of the Services through any technology or means other than the pages of the Website itself or such other explicitly authorized means as PHF and our Affiliates may designate.
All trademarks, service marks, and trade names of PHF or our Affiliates used in the Services, including, but not limited to, PHF’s and our Affiliates’ names and logos, (collectively, the “Marks”) are trademarks or registered trademarks of PHF, our Affiliates, or their licensors, vendors, agents, or content providers. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including, but not limited to, in advertising or publicity pertaining to the distribution of materials on the Services, without PHF, and, as applicable, our Affiliates’ prior written consent. The use of the Marks on any other website or network computer environment is prohibited.
Third Party Data
Third Party Data accessible through the Website or the Services include Materials you and other Users Submit and publicly available data provided by the Federal Government and other public data sources. As stated in the Use of the Website and the Services and the Rights You Grant sections of these Terms and Conditions, you and other Users retain full rights and ownership of the Materials Submitted with opportunity to license through a Creative Commons license. All public data provided is in the public domain and freely redistributable with proper metadata and source attribution.
USERNAMES AND PASSWORDS
Use of the Services may require that you register an account for the Services with a username and password. If so, your username and password will allow you to log in to and access the Services. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY, MAINTENANCE, AND PROPER USE OF YOUR USERNAME AND PASSWORD AND SOLELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree not to disclose any usernames or passwords to any third party and not to permit any third party to make use of any username or password. You also agree to use proper termination procedures at the end of each session during which you access the Services, including full termination of your connection with the Services. You agree to only have one account, and you acknowledge that multiple accounts are prohibited.
You shall immediately notify PHF by e-mail if you become aware of any actual or suspected unauthorized access to or use of the Services by any party or any other actual or potential security breach involving the Services. PHF may, in our sole and absolute discretion and at any time, decide to change your username or password upon notice to you.
If you discover at any time that you have been granted access to any information or documents contained on the Website or the Services that you are not authorized to access or view, you shall (i) immediately cease any access to such information; (ii) take reasonable steps to prevent the disclosure of any such unauthorized information; and (iii) immediately inform PHF of this situation by e-mail to firstname.lastname@example.org.
A User’s ability to access the Services and the functions that a User can perform on the Website and through the Services are based on that User’s level of User authorization. Each User classification shall also have the abilities and permissions to access and use the Services as the User classification listed below; provided however, PHF reserves the right to modify such access and use rights at any time, with or without notice.
Group leaders are Users who are granted access to moderate groups, which may include the ability to remove other Users or content from the group or groups the leader moderates.
Approved Users are Users who are granted access to add stories and data.
Registered Users are Users who affirmatively opt-in to participate in the Website and the Services by filling out an e-profile and registering with the Website and the Services. They can set up an account, see and edit their own personal profile information, post content to the Website and the Services, join groups, and create maps and reports.
Unregistered Users of the Website have limited access to the Services and can view all public content.
Access and Interference
You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or the Services or features that prevent or restrict the use or copying of any content or enforce limitations on use of the Website or the Services or the Content therein. You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper, or any other automated means to access, compile, read, or gather content from the Website or the Services automatically. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, could damage, disable, overburden, or impair the Website or the Services; (b) interfere or attempt to interfere with the proper working of the Website or the Services, any activities conducted on the Website or the Services, or any other party’s use and enjoyment of the Website or the Services; or (c) bypass any measures we may use to prevent or restrict access to the Website or the Services.
Your use of the Website and the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Website, or other actions that PHF may take in PHF’s sole and absolute discretion, without any responsibility or liability to you, from time to time. PHF reserves the right to modify, suspend, or discontinue the availability of the Website or the Services or any portion or feature of the Website or the Services at any time and in our sole and absolute discretion, without any responsibility or liability to you, and without prior notice. PHF makes no representation or warranty that any data and records will be permanently stored, including, but not limited to, archived data and records, and PHF reserves the right, but will have no obligation, to delete data and records, including, but not limited to, archived data and records. You (and not we) are solely responsible for maintaining, protecting, backing-up, and providing redundant access to any and all Personal Information, Materials, and all other data and information that you have posted to the Website or the Services or otherwise provided to us or our Affiliates, including, but not limited to, any personally identifiable health information you provide through the Website or the Services (“Personal Health Information”).
PHF reserves the right to prohibit and prevent anyone from using the Website or the Services, at any time, in our sole and absolute discretion, for any reason or no reason. PHF has the right to accept or reject any User registrations in PHF’s sole and absolute discretion.
You may cancel your account and use of the Services at any time by sending a cancellation email to us at email@example.com (cancellation effective upon receipt of such email requesting cancellation). You are solely responsible for both properly canceling and verifying the cancellation of your account and use of the Services. Once you cancel your account, your information may no longer be available or accessible. In the event of a breach by you of an obligation set forth in these Terms and Conditions, PHF may, with or without notice, suspend or immediately cancel your account and access to the Service. PHF may determine whether or not to reinstate your access account and access to the Services at PHF’s sole and absolute discretion.
Although the Website and the Services are accessible worldwide, the Website and the Services are neither designed nor intended for use outside the United States. Those who choose to access the Website or the Services from locations outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all local laws. PHF reserves the right, at any time and in our sole and absolute discretion, to limit the availability or use of the Website or the Services to any person, geographic area, or jurisdiction. You shall, at all times, comply with all applicable laws and regulations of the United States and all other applicable American and foreign governmental entities governing, restricting or otherwise pertaining to the use, transmission, display, exporting, or importing of data, products, services, or technical information.
SECURITY AND PRIVACY OVERVIEW
ACCEPTABLE USE POLICY
Your use of the Website and the Services is also governed by our Acceptable Use Policy.
We respect the intellectual property rights of our Users and third parties. Our DMCA Policy addresses how PHF handles notices of alleged copyright infringement with respect to the Website and the Services.
Compliance with Law
Users of the Services shall abide by all applicable international, federal, state, and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.
Links to Third Party WebsiteS
LINKING TO THE WEBSITE
You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You may not establish a link from any website or mobile application that is not owned by you. The Website may not be framed on any other website or other mobile application. You may not create a link to any part of the Website other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. PHF reserves the right to withdraw linking permission without notice.
Disclaimer of Warranties
YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS AND CONDITIONS, AND ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND CONDITIONS WHICH MATERIALLY INDUCED PHF TO ENTER INTO THESE TERMS AND CONDITIONS WITH YOU
THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA AND FILES THROUGH THE INTERNET ARE SUBJECT TO A VARIETY OF CONDITIONS BEYOND OUR CONTROL THAT MAKE SUCH TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL POTENTIALLY UNRELIABLE. THE WEBSITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, LICENSES, FUNCTIONS, MATERIALS, AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THESE TERMS AND CONDITIONS, THE WEBSITE, AND THE SERVICES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE WEBSITE, THE SERVICES, OR ANY DATA, MATERIALS, OR CONTENT CONTAINED THEREIN, SHALL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS SHALL BE CORRECTED; THAT THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE WEBSITE OR THE SERVICES WILL BE SECURE FROM UNAUTHORIZED ACCESS; OR THAT THE WEBSITE OR THE SERVICES WILL DETECT EVERY SECURITY OR OTHER VULNERABILITY OF YOUR DEVICE, NETWORK OR SYSTEM. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, SECURITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY PHF OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, SERVICES, CONTENT, DATA, MATERIAL, SOFTWARE, EQUIPMENT, OR HARDWARE. WE SHALL NOT BE LIABLE FOR YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THE WEBSITE, INCLUDING ANY CURRENT OR FUTURE ASSOCIATED MOBILE APPS, AND THE SERVICES IS AT YOUR SOLE RISK. THE DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE. The WEBSITE AND THE Services are not intended to provide, nor should anyone consider that the WEBSITE OR THE Services provide, any medical, legal, accounting, tax, or other advice.
The Website and the Services may become unavailable due to any number of factors, including, without limitation, scheduled or unscheduled maintenance, technical failure of the software, telecommunications infrastructure, or the unavailability or interruption of access to the Internet. The disclaimers set forth in this section shall apply regardless of whether (i) we determine that your device, network, or system is deemed secure; (ii) you perform such modifications to your device, network, or system as we reasonably suggest in order for your device, network, or system to be deemed secure, or (iii) otherwise.
Some state laws do not allow disclaimers of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
LIMITATIONS OF LIABILITY
Some jurisdictions have laws that do not allow limitations on certain damages. If such a law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms and Conditions, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING, DIRECTLY, OR INDIRECTLY, OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE WEBSITE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You hereby agree to defend, indemnify, and hold harmless PHF, our Affiliates, and each of PHF and our Affiliates’ officers, directors, shareholders, employees, affiliates, independent contractors, agents, representatives, successors, and assigns (“Representatives”) from and against any and all losses, damages, liabilities, and costs of every nature incurred by any of them in connection with any claim, damage, expense, or loss, including, but not limited to, attorneys’ fees and costs, arising out of, or attributable to: (i) any breach or violation by you of these Terms and Conditions; (ii) your failure to provide accurate, complete, and current information when visiting, registering to use or using the Services or submitting information to PHF or our Affiliates; (iii) your use or misuse of the Website or the Services, including, but not limited to, anything you post, upload, or transmit to or through the Website, including, for the avoidance of doubt, any Materials or other content that you Submit to or through the Website and the Services; (iv) any assistance or Services provided by us, our Affiliates, or the Representatives to you; (v) any actual or alleged infringement arising, directly, or indirectly, out of PHF or our Affiliate’s use of the Materials; and (vi) any agreement or interaction between you and a third party. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. In the event that you have a dispute with one or more other Users of the Website or the Services, you release PHF and our Affiliate and Representatives from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Most concerns involving the Website or the Services can be resolved quickly and efficiently through our help function. If you are unable to resolve your concern using our help function, you may contact us regarding the issue at firstname.lastname@example.org. If you are unable to resolve your concern within ten (10) business days of accessing our help function, then either party may file an arbitration proceeding pursuant to these Terms and Conditions to resolve the dispute.
The prevailing party in any arbitration proceeding or any action to compel arbitration, enforce an arbitration award, or seek injunctive relief and arising, directly or indirectly, out of or relating to these Terms and Conditions will be entitled to an award of their reasonable attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such arbitration or legal action, as well as at trial and all levels of appeal. You also agree that service of any court paper may be affected upon you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. You acknowledge that PHF may be irreparably damaged if these Terms and Conditions are breached by you, and damages at law would be an inadequate remedy. In the event of a breach or threatened breach of any provision of these Terms and Conditions by you, PHF shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms and Conditions.
GOVERNING LAW, JURISDICTION, AND VENUE
These Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any action to compel arbitration or enforce an arbitration award or seek injunctive relief pursuant to these Terms and Conditions, the parties hereby expressly consent to the jurisdiction and venue of the state and/or federal courts in and/or for Palm Beach County, Florida, USA, and each party hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise.
Neither party shall be liable for any delay in performing its obligations if such delay is caused by circumstances beyond the party’s reasonable control, including, without limitation, any delay caused by any act or omission of the other party, acts of God, war, terrorism, floods, windstorm, labor disputes, or delay of essential materials or services. The delayed party shall promptly notify the other party of the reasons for and the likely duration of the delay, whereupon an extension of time equal to the period of delay, but not greater than 30 days, shall be granted to the delayed party. If the period of the delay shall exceed 30 days, then the non-delayed party may cancel further performance of the delayed obligation without any penalty whatsoever.
TERM AND SURVIVAL
Attn: User Support/Help Function
c/o Palm Healthcare Foundation
700 South Dixie Highway, Suite 205
West Palm Beach, FL 33401