Last Updated: August 21, 2014
The Sites are intended for a general audience aged eighteen (18) years and older. If you are under the age of 18, you are prohibited from using the Sites.
Acceptance of Terms
- In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Sites or with any terms included with any product or service purchased from us, then these TOU shall control.
Ownership of Sites/Acceptance of TOU
- The Sites are owned by Foundation. You agree to the following TOU in their entirety, when you: (a) access or use our Site; and/or (b) register as a member of the Sites (“Member”), which enables you to utilize a host of services made available to Members by and through the Site (“Member Services”, as further described below).
Site Licenses and Access
- The Foundation grants you a limited license to access and make personal use of the Sites but does not grant you the authority to download or modify any portion of the Foundation’s proprietary information, Content found on the Sites, or the Sites themselves, unless you have obtained prior and express written consent from the Foundation. This license does not include any derivative use of the Sites or Content or any use of data mining, robots, or similar data gathering and extraction tools.
- You may not frame or utilize framing techniques to enclose any materials located on the Sites, including, without limitation, any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Foundation, third parties, or Foundation affiliates without express written consent from the Foundation. (In the case of third parties, express written consent from the appropriate third party owner/licensee of any materials, including Content, is required). You may not use any Foundation tags or any other “hidden text” utilizing the Foundation’s name or trademarks without the express written consent of the Foundation. Any unauthorized use terminates any permission or license granted by the Foundation. For purposes of clarity, these TOU and the license(s) granted to you hereunder expressly EXCLUDE the right to use any Content except as made available to you on the Sites. You may not copy or disseminate any Content or other materials from the Sites.
- The Foundation grants you permission to create a link to the Sites only as follows: the Foundation grants to you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of www.cchealthfoundation.org, so long as the link does not portray the Foundation, Content, or the Foundation’s products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Foundation logo or other proprietary graphic or trademark as part of the link without first obtaining express written permission from the Foundation. For purposes of clarity, the Foundation may obtain certain materials and Content through a third party content provider(s) under a license from said provider(s). THE LANGUAGE HEREIN NEITHER INTENDS TO, NOR SHALL IT BE INTERPRETED AS INTENDING TO, GRANT YOU ANY RIGHTS, TITLE, OR INTEREST TO THE FOUNDATION SITE MATERIALS OR CONTENT. By using the Sites, you expressly agree that you shall respect the intellectual property rights of all third parties, the Foundation, and any others who may provide materials and/or other Content to the Sites. We only display licensed content obtained from such third party provider(s) in their original form and as licensed, unless expressly otherwise permitted by the license. The information that we provide is for your personal, educational, and non-commercial use.
Description of the Member Services.
Subject to these TOU any membership agreements which you may sign (collectively, the “Member Agreement”), by registering on the Site, filling out the applicable registration forms, agreeing to the Member Agreement and receiving approval from Foundation, you can obtain, or attempt to obtain, access to Member Services as a Member. The Member Services will enable you, as a Member, subject to the restrictions contained in the Member Agreement and these TOU to enable the consumer to enter our website, set up a personalized account or enter an email to receive communications from Foundation, and post information to a Blog.
YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT YOU MAY SHARE WITH THE THIRD PARTY VENDOR OR OTHERS FOR PURPOSES OF USING THESE SERVICES.
Your use of the third party vendor services may be subject to Additional Terms at the time you engage such services.
No Unlawful or Prohibited Use
As an express condition of your use of the Sites, you agree, represent, and warrant that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or the network(s) connected to the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not use automated means of any kind to manipulate Foundation data, information or services. You may not use automated means, including spiders, robots, crawlers, or similar technologies on the Sites or in connection with the sites for any purpose. You may not decompile, dissemble, reverse engineer, copy, create derivative works or display any of the Sites’ or Foundation’s software code. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to the Sites through hacking, password mining, or any other means. You may not upload, link to, post or transmit in any way connected to the Sites: content of an illegal nature (including content that violates third party intellectual property rights), pirated software (or software sites), content that facilitates “hacking” or “cracking”; content with the sole purpose of causing harm or inciting hater or content that could be considered as slanderous or libelous. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Sites.
Foundation expressly prohibits using the Sites in any way for: bullying; pre-texting (impersonation); harassment; defamation;, hate-speech; speech likely to incite any of the same; speech offensive the community standard as a whole or wholly prurient; or spamming (sending unsolicited messages or junk mail). Foundation has the right, but not the obligation, to review posted materials periodically and to remove any materials that violate these terms in its sole and exclusive discretion.
Foundation reserves the right, in its sole and exclusive discretion, to immediately suspend or terminate the account(s) of and/or any and all access to the Sites for any user of the Sites or Member who violates any of the above. You expressly understand and agree that violation of the above may result in termination of your access and/or account without refund of any fees.
Personal Non-Commercial Use Limitation
Unless otherwise specified, the Sites are for your personal, educational, and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, information, software, products, Services or Member Services obtained from the Sites.
Modification of the TOU
Foundation reserves the right to change the terms, conditions, and notices concerning your use of the Sites without notice. You are responsible for regularly reviewing these TOU and the Additional Terms posted on the Sites. We will always post the date that the TOU and/or the Additional Terms were last revised. Your continued use of the Sites constitutes your continued agreement to all such terms, conditions, and notices.
Termination of Access
- The Foundation reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Sites, or any portion thereof, at any time without notice.
- You must be at least eighteen (18) years of age to use the Sites or to submit any personal information to the Foundation and, if you are under the age of eighteen (18), you may only use the Sites with the permission of your parent(s) or legal guardian. As such, if you transact or attempt to transact any business with the Foundation or submit, or attempt to submit, any personal information to the Foundation, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE SITES IN ACCORDANCE WITH THE STATED TOU POLICIES.
- You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer or mobile device and/or account(s) to ensure compliance herewith.
Material Provided to the Foundation
If you submit any materials, feedback, your original content, or other communications (collectively, “Submission”) to the Sites or to the Foundation, you grant the Foundation and its designees and sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. The Foundation is under no obligation to post or use any Submission that you provide and the Foundation may remove any Submission at any time in its sole discretion.
Copyrights and Trademarks
- All of the materials and Content appearing on the Sites are either owned, licensed or sub-licensed (including, without limitation, through these TOU) to the Foundation and are used by the Foundation in accordance with the applicable licenses and laws. You may not copy, distribute, or otherwise disseminate any materials or Content (including any logos, images, or data), from the Sites unless you are the owner of said materials or content or have express written permission from the owner of said materials.
Forums and Blogs
Responsibility for what is posted on or in the forums, blogs and other public posting areas on the website lies with each user. Foundation allows users to post feedback, comments, suggestions, ideas, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, or infringing on intellectual property rights. You hereby consent and agree to such posts being viewable by others. Foundation has the right, but not the obligation to remove any content and/or posts in their entirety that contain X-Rated, pornographic, inappropriate, profane or indecent, abusive, libelous, controversial, terror/threatening, vulgar, obscene and/or offensive subject matter or material, without notice to you. It is a condition of the use of the sections and the forums, blogs and other public posting areas that a person does not:
- Restrict or inhibit any other user from using and enjoying the section.
- Use the section to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the section to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Use of the section to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the section to post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising.
- Use the section to advertise or solicit to anyone buy or sell products or services or make donations of any kind without the express written approval of Foundation.
- Use the section to gather for the purpose of spamming email addresses that have been posted by other users of the section.
Links to Third Party Websites
- Any contact that you have with third parties (including advertisers) through the Sites or by your participation in promotions, including the delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and that third party. The Foundation shall not be responsible or liable for any part of any such dealings or promotions.
Disclaimer of Warranties and Limitation of Liability
THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. THE FOUNDATION AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME.
THE FOUNDATION AND ITS SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, ACCURACY OF THE CONTENT, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE FOUNDATION AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT THE FOUNDATION SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED (OR NOT SENT OR RECEIVED), OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITES. YOU EXPRESSLY AGREE THAT THE FOUNDATION IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, MADE BY YOU OR BY A THIRD PARTY. YOU EXPRESSLY AGREE THAT THE FOUNDATION IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITES BY ANY THIRD PARTY.
IN NO EVENT SHALL THE FOUNDATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE FOUNDATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THIS EVENT, THE FOUNDATION’S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE FOUNDATION TO ACCESS THE SITES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST THE FOUNDATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY PART OF THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
SOME JURISDICTIONS MAY LIMIT DAMAGES AND TO THE EXTENT THEY DO, THIS PORTION OF THE TOW SHALL BE INTERPRETED TO ENCOMPASS AS MUCH OF ITS STATED INTENTION AS PERMITTED BY LAW.
THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FOUNDATION. ACCESS TO THE SITES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
You agree to indemnify and hold the Foundation and its respective officers, directors, employees, agents, successors, and assigns harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to, or arising out of, your use of the Sites and/or any information (text or graphical), software, or products obtained through the Sites and/or from Foundation.
Applicable Law/Agreement to Arbitrate
- The Parties agree that all services provided by Foundation shall be deemed solely based in Illinois
- The Parties agree that all disputes against Foundation and any disputes that may arise out of these TOU or out of each Party’s relationship to with the other, including but not limited to disputes as to these TOU; the Sites license; Sites access restriction and/or termination; Foundation’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property rights; member accounts; privacy; Services, Content, Member Services, and disclaimer of warranties (collectively, “Claims”) shall be governed by the internal laws of the State of Illinois, U.S.A. without regard to choice of law principles.
- The Parties both expressly agree that any and all Claims shall be submitted for final and binding resolution through binding Arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- The arbitrator, and not any court, federal, state, or local court or agency, shall have exclusive authority to resolve any Claim, including any Claim arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of these TOU including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.
The Parties agree that any and all disputes that may arise out of these TOU or out of each Party’s relationship to with the other shall be submitted to the American Arbitration Association’s (“AAA”) Chicago, Illinois office, pursuant to their procedures (including filing and notification procedures). The award rendered by the arbitrator shall be final and binding and may be entered in the Circuit Court of Cook County, Illinois and you irrevocably consent to exclusive jurisdiction and venue in AAA and such courts (except that nothing herein shall prevent either Party from initiating a small claims court action).
Prohibition of Class and Representative Actions and Non-Individualized Relief
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING
Judicial Forum for Legal Disputes
Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to either Party or to a particular claim or dispute, either as a result or a decision by the arbitrator or a court order, the Parties agree that any Claim must be resolved exclusively in the Circuit Court of Cook County, Illinois and you irrevocably consent to exclusive jurisdiction and venue in such courts.
- If any part of these TOU are determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by the valid and enforceable provision that is the closest match to the intent of the original provision and the remainder of these TOU shall remain in effect.
- No waiver of any of the terms of these TOU will be valid unless in writing and designated as such. No failure or delay in enforcing a Party’s rights shall be construed as a waiver.
It is the express will of the Parties that these TOU, and all related documents, be prepared in English. In the event that these TOU is translated into another language or otherwise reprinted, this English language version of these TOU (as amended) shall govern if any inconsistencies from such translation arise.
Unless otherwise specified herein or in a writing executed by the Parties, these TOU constitute the entire agreement between you (the user) and the Foundation with respect to the use of the Sites. These TOU supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Foundation with respect to the Sites.
Errors, Omissions, and Changes
While the Foundation makes every effort to ensure the accuracy of the materials and Content presented, these TOU explicitly warns you that this service may include typographical errors and/or technical inaccuracies. The Foundation reserves the right to make improvements and/or changes to these TOU and/or to the products and services described on the Sites at any time.
Foundation takes reasonable and industry standard measures to protect information transmitted via the Internet. However, please remember that transmissions on the Internet are not always confidential. If you are transmitting confidential information, you are doing so at your own risk.
Foundation expressly reserves any rights not explicitly granted in these Terms and Conditions.