Last Updated: October 1, 2020
This website located at www.caringcross.org, including any subdomains of such website (collectively the “Site”), is operated by Caring Cross (“Caring Cross”) to provide you information about the mission and values of Caring Cross, opportunities for education and collaboration, services offered by Caring Cross, and other information and services that may be of interest to you. We provide this Site subject to the terms and conditions contained in these Terms of Use. If you do not agree to abide by these Terms of Use, you are not authorized to use the Site or any services provided on or thru the Site (collectively with the Site, the “Services”). Your use of the Site constitutes your agreement, without limitation or qualification, to be bound by and to comply with these Terms of Use.
Use of the Site
The content provided through the Site is owned or licensed by Caring Cross and is provided only for informational purposes. Copying, redistributing, framing or publishing any of the content on this Site is prohibited without the express written consent of Caring Cross or the applicable owner of such content. All rights are hereby expressly reserved.
You agree not to use this Site for any disruptive, unlawful or abusive purpose or in any way which interferes with our ability to make the Site available to other users, or damages our property. Additionally, you are not authorized to use any data mining, robots, scraping or similar data gathering or extraction methods in connection with your use of this Site. You agree that your use of the Site is subject to all applicable local, state, national and international laws and regulations.
You also agree:
- to comply with US law and local laws or rules regarding online conduct and acceptable content, including User-Generated Content (defined below);
- not to host, submit content (including User-Generated Content) to or use the Site without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a “Minor”);
- not to use the Site to engage in commercial activities without Caring Cross’s express written permission;
- not to upload or transmit viruses or other harmful, disruptive or destructive files; and
- not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site.
Your Account
In order to obtain access to certain Services, you will need to register as a Member by creating an account with Caring Cross. If you choose to create an account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will be asked to provide your email address and create a password (a “Password”). Access to the Services is not authorized by any other person or entity using your email address and Password and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Caring Cross may not register for an account, nor may you designate any of those individuals to use your account on your behalf. You are solely responsible for any and all access to the Services by persons using your email address and Password. Please notify us immediately if you become aware that your email address andPassword are being used without authorization.
Although it is Caring Cross’s intention for the Site to be available as much as possible, there will be occasions when the Site may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
You may cancel or terminate your Password, account and/or use of any Services, with or without cause at any time, by providing written notice to Caring Cross via email at [email protected]. Caring Cross reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, any of the Services. Caring Cross also reserves the right, in its sole and absolute discretion, at any time and with or without prior notice to you, to suspend, cancel, transfer, or terminate your Password, account, and/or use of any Services for any reason whatsoever.
Use of Personal Information
Please review our Privacy Policy for information about the information we collect through the Site and how we use that information.
User-Generated Content
User-Generated Content that you Post
In utilizing the Site and/or certain Services, you may be permitted to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site or other Users or Members (collectively, “Submit”), including, but not limited to, images, information, articles, photos, videos, or text (collectively, “User-Generated Content”). You agree not to Submit any User-Generated Content that:
- is defamatory, threatening, harassing, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; hatred or physical harm of any kind against any group or individual, such as Content that promotes racism, bigotry, obscenity, or discrimination;
- advertises, promotes or offers to trade any goods or services or engages in commercial activities and/or sales without our prior written consent;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content without the express permission of the owner of the copyrights in the content, or otherwise infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, or the violation of any local, state, national or international law, rule, guideline or regulation; or
- is not otherwise in compliance with these Terms of Use.
The foregoing is a partial list of the kind of User-Generated Content that is illegal or prohibited on the Site.
You are solely responsible for the User-Generated Content that you Submit to the Site or transmit to other members or users. We will not be responsible, or liable to any third party, for the content, accuracy or legality of any User-Generated Content posted on the Site. This means that you, not Caring Cross, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
By posting User-Generated Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display, modify, distribute, transmit, remove, retain, repurpose, and commercialize the User-Generated Content for all purposes connected to operating and promoting the Site and the Services, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any photographs, videos, confidential information, or product or business ideas.
User-Generated Content That You View; Interactions with Other Users
Because we do not control the User-Generated Content posted on or through the Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing the Site, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available on or through the Site. The User-Generated Content posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Caring Cross or any person or entity associated with Caring Cross.
By using the Site or the Services, you agree to take reasonable precautions in all interactions with other users of the Site or Services, particularly if you decide to interact offline or in person or otherwise collaborate with other users. You are solely responsible for your interactions with other users of the Site or the Services.
Treatment of User-Generated Content
Caring Cross has certain rights with respect to User-Generated Content. We have the right (but disclaim any duty, obligation or responsibility) to:
- monitor all User-Generated Content;
- require that you avoid certain subjects;
- edit, remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
- disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Caring Cross or others, or to enforce these Terms of Use; and
- terminate your access to and use of the Site, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of User-Generated Content you post, and that you will retain ownership thereof as described above.
Third Party Sites
This Site may contain links to other websites that are not owned or controlled by us. Please be aware that Caring Cross is not responsible for the policies or practices of such other websites. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the websites linked to this Site, you do so entirely at your own risk. Caring Cross will not be responsible for any interactions between you and the operators or other users of such websites, or any damages incurred by you as a result of the your use of such websites. We encourage you to be aware when you leave our website and to read the terms of service of those third party websites to understand their practices. These Terms of Use only apply to this Site.
Disclaimer
All information REGARDING DISEASES, MEDICINES, TREATMENTS AND related information of a MEDICAL NATURE (“collectively “medical information”) contained within the Site is strictly for informational and educational purposes only. None of the statements on this Site are a recommendation as to how to treat any particular disease or health related condition, nor have they been evaluated by the Food and Drug Administration. You should not use the information on this site for diagnosis or treatment of any health problem.
THIS SITE AND THE SERVICES OFFERED BY CARING CROSS ARE PROVIDED “AS IS” AND CARING CROSS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THIS SITE OR ANY SERVICES OFFERED BY CARING CROSS OR ANY MEDICAL INFOMRATION CONTAINED HEREIN. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE WILL NOT BE RESPONSIBLE FOR ANY SITE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
CARING CROSS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED CARING CROSS SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF CARING CROSS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. IN ADDITION, CARING CROSS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES OR GOODS OFFERED BY THIRD PARTIES, INCLUDING OTHER USERS.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
IN NO EVENT SHALL CARING CROSS OR ANY OF ITS DIRECTORS, MANAGERS, OFFICERS, STOCKHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND AFFILIATED ENTITIES (COLLECTIVELY, THE “COMPANY AFFILIATES” AND EACH A “COMPANY AFFILIATE”) BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION REGARDLESS OF WHETHER ANY COMPANY AFFILIATE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE PROVISION OF THE SITE BY CARING CROSS. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Governing Law; Jurisdiction and Venue
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding that body of law applicable to conflicts of law. You agree that any suit, action or proceeding arising out of or relating to these Terms of Use shall be instituted only in a state or federal court sitting in Suffolk County, Massachusetts. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
General Information
We may change or modify these Terms of Use from time to time. You can review the most current version of these Terms of Use at any time at this Site. If we make any material changes to these Terms of Use, we will notify Members and users by email and/or by means of a prominent notice on the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Contact Information
If you have questions about these Terms of Use, please reach out to us at [email protected].
