Acceptance of Terms and Subsequent Amendments
CCF may change these Terms from time to time without notice, and it shall be your responsibility to check for updates to these Terms. Your continued use of the Site after such posting of modifications or additions shall constitute your acceptance of the new Terms.
When visiting the Site or sending e-mails to CCF, you shall consent to receive communications from CCF electronically, and such communications shall be considered equivalent to those in writing. You also agree that all agreements, notices, disclosures, and other communications that CCF sends to you electronically satisfies any legal requirement that such communications be in writing.
Limited Authorization to Use Protected Material
Images of people or places displayed on the Site are either the property of CCF or used with permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by CCF. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and possibly other statutes and regulations.
Accuracy, Limitation of Liability, and Exclusion of Warranties
CCF makes commercially reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, it is your responsibility to evaluate the information and content of the Site and determine its relevance to your situation. Your usage of CCF's site shall be at your own risk. The Site is provided to you as a courtesy, and CCF makes no warranties, express or implied, with respect to the use of the site and the materials contained herein. CCF disclaims any express or implied warranty, including but not limited to warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and warranties arising from dealing with or usage of trade. CCF does not warrant that: (a) the website will be error-free, uninterrupted, or secure; (b) defects will be corrected; (c) use of the site will meet your requirements; or (d) content or information on the site is correct, reliable, or complete.
CCF also expressly disclaims any liability for any damage to or viruses that may infect your computer equipment or other property as you access the site or download material from the site. Under no circumstances shall CCF or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages whether in an action, contract, or tort (including negligence and strict liability) resulting from its performance or failure to perform under the Terms even if CCF has been advised of the possibility of such damages.
Links to Third Party Sites
The Site may contain links to other web sites or frame information from other web sites that are not under CCF's control. Links to third party sites are provided for your convenience, and CCF makes no endorsements, warranties, or representations of any kind whatsoever regarding these websites, including the products, software, materials, services, content, and accuracy or appropriateness of content. Your decision to access these third party web sites shall be at your risk and discretion. Note in particular that the policies of other linked web sites may be materially different from CCF's Terms, especially with respect to the use and collection of personal information and with respect to the use of proprietary information posted on that web site.
Intended Audience and Obligations
By using the Site, you represent that you are 18 years of age and are fully able to enter into, abide by, and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. You also acknowledge and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and/or CCF's services. You represent and warrant that: (a) you either are the sole and exclusive owner of any and all materials that you make available through the Site or you have all rights, licenses, consents and releases necessary to grant to CCF the rights to such materials; (b) you are not infringing, misappropriating, or violating a third party's intellectual property rights; and/or (c) you will not use CCF's services in violation of any applicable law or regulation.
Local Laws and Dispute Resolution
The Site, excluding any linked web site, is controlled by CCF from its headquarters in New Jersey. By accessing the Site, you agree that all matters relating to access, or use of, the Site or any other linked web site, shall be governed by the laws (both substantive and procedural) of the State of New Jersey without regard to the conflicts of laws principles. You also agree to the exclusive personal jurisdiction and venue of any New Jersey State court located in the County of Bergen and any Federal court of the United States of America located in the District of New Jersey. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use the Site in any such circumstances. Any controversy, dispute, or claim arising out of or related to the use of CCF's Site and/or services, these Terms, or the breach thereof, shall be settled by binding arbitration administered by a single neutral arbitrator located in New Jersey to be agreed between the parties (such as a retired state court or federal judge) and conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures. An award of arbitration may be confirmed in a court of competent jurisdiction. However, if a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy for a breach of these Terms such action may proceed without first resorting to arbitration.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Restrictions on Content and Site
You agree that you will not, nor will you permit any third party to do the following: (a) use the Site for any purposes not expressly provided for in these Terms; (b) scan, probe, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; (c) interfere with, disrupt, or damage the Site; or disrupt access to any user, host, or network, including without limitation, sending a virus, cancel bots, Trojan horses, overloading, flooding, spamming, mail-bombing, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site; or using similar methods or technology; (d) use our communication tools to send spam; and (e) engage in conduct that is illegal.
Participation in the Site
When you use the Site and CCF's online community, you are responsible for the accuracy of the information you provide to others. If applicable, you represent and warrant that any and all information you post to the Site complies with all ethical and licensure requirements, laws, rules, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
CCF is not responsible for any misuse of patient information that is transmitted, stored, or used in any manner in connection with the Site. You shall not post or transmit to the Site any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would be a criminal offense, give rise to civil liability, or violate local, state, national or international law.
Monitoring the Site
CCF has no obligation to monitor, screen, edit, or review the information that you or any other user posts or transmits to or on the Site. However, CCF reserves the right, in its sole discretion, to monitor the information posted on the Site to ensure compliance with these Terms as well as applicable laws, rules, and regulations. Further, CCF may review, edit, remove, or refuse to post information you post or transmit to or on the Site or CCF's online community. In accordance with applicable law, CCF may reasonably disclose information to comply with any laws, rules, regulations, or governmental request.
Limitations of Liability
Under no circumstances shall CCF be liable for any damages, loss, or expense of any kind arising out of or resulting from your use of the Site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including without limitation a negligent act, shall CCF be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages, (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the site, regardless of whether any party has been advised of the possibility of such damages. Some jurisdictions limit or do not allow the disclaimer of warranties or damages to the above disclaimer may not apply to the extent such jurisdiction's law applies to these terms.
Disclaimer on Information and Advice
You acknowledge that the information on this website is provided "as is" for general information only and without warranties of any kind. The information and materials found on this website are not intended to offer medical advice or recommendation to individuals and are not meant to replace the services of a medical professional. The information posted in the website should not be used as a substitute for consultations with qualified medical or health care professionals who are more familiar with individual medical conditions and needs. CCF aims to keep the materials on this website current, however, healthcare information changes rapidly and thus the material on this website should not be relied upon to be fully comprehensive or error free.
You agree to indemnify, defend, and hold CCF and its respective officers, directors, medical advisors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses, and damages (including attorney fees) arising out of or relating to (a) your use of the Site and (b) a violation of the Terms.
By using the Site you acknowledge and agree that you release, remise, and forever discharge CCF and its respective officers, directors, medical advisors, employees, suppliers, licensors and agents from any and all claims of any nature whatsoever, whether known or unknown that arise out of or are in any way related to your use of this Site and/or services. If you are a California resident, you waive California Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Digital Millennium Copyright Act Compliance
If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide CCF the following written information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed upon; (C) a description of where the material that you claim is infringing is located on the Site; (D) your contact information, including your address, telephone number, and an email address; (E) a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and (F) a statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. CCF reserves the right to remove any content posted to the Site at our sole discretion. Please contact our copyright agent to provide us notice of alleged copyright infringement at firstname.lastname@example.org.
Contacting the Foundation
If you have any suggestions, comments, and/or questions about the Site and/or these Terms, you may contact the Children's Cardiomyopathy Foundation (CCF) either by phone (866-808-2873) or by email.