THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE WEBSITE. THE AGREEMENT INCLUDES INFORMATION ABOUT FUTURE CHANGES TO THE AGREEMENT, LIMITATIONS OF LIABILITY, PRIVACY INFORMATION, A CLASS ACTION WAIVER, AND A RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.
IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE THE WEBSITE.
1. Health Care Disclaimer
The content, products and services offered herein are intended to provide education about certain health care and medical issues. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Website and its services do not constitute the practice of any medical or other professional health care advice, diagnosis or treatment and does not create an express or implied physician-patient relationship. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. The products or services referenced on this Website are not a representation or warranty that any particular service or product is safe, appropriate or effective for you.
Users of the WEBSITE should not rely on information contained therein for diagnosing, treating, curing, preventing, managing or otherwise addressing health problems. Users should seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.
NO PART OF THE WEBSITE IS INTENDED FOR SEEKING URGENT MEDICAL TREATMENT OR EMERGENCY CARE. IF YOU ARE IN NEED OF OR ARE SEEKING URGENT MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER DIRECTLY OR CALL 911 IMMEDIATELY. YOU AGREE THAT YOU WILL NOT LEAVE ANY MESSAGES WITH CARON OR CARON’S TREATMENT PROVIDERS WITH RESPECT TO URGENT MEDICAL TREATMENT OR EMERGENCY CARE.
2. Scope and Acceptance
Anyone who accesses or uses any part of the WEBSITE is a “User.” The Agreement sets forth Your rights and obligations as a User with respect to Your access to and use of the WEBSITE, and to Your access to and use of any and all information or data of any kind arising from access to or use of the WEBSITE, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software.
If You are accessing or using any part of the WEBSITE on behalf of any business, organization, or other entity of any kind, You represent and warrant that You are authorized (a) to accept these terms on its behalf, and (b) to bind such business, organization, or entity to the Agreement.
While we use reasonable efforts to include accurate and up to date information, errors, inaccuracies, and omissions sometimes occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
The information contained on the WEBSITE, including, but not limited to clinical references, images, tools and other related items, are not intended to be used as a complete reference. While we have tried to confirm the accuracy of the information presented, Caron makes no warranty, expressed or implied, with respect to the currency, completeness, usefulness, or accuracy of the contents of the WEBSITE. Caron has no liability for any errors or omissions in the information provided. Applying this information in a particular situation remains the responsibility of you and your physician. Caron does not endorse and assumes no responsibility for the accuracy of the content from sources other than Caron, or for practices or standards of sources other than Caron.
In connection with the use of the WEBSITE, You may not:
(a) alter or modify the WEBSITE, or make any electronic reproduction, adaptation, distribution, performance, or display of the WEBSITE, or any portion of the WEBSITE, except to the extent permitted by the features of the WEBSITE or as required for the limited purpose of reviewing material on the WEBSITE;
(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the WEBSITE, or related materials;
(c) remove or modify any proprietary notice or labels on the WEBSITE, or related materials, including author attribution and copyright notices, or use any of Caron’s trademarks in an unauthorized manner, such as use in tags, identifiers, or metadata on any other website or online service;
(d) use the WEBSITE to solicit other Users for the sale of any product or service, nor use the WEBSITE for any commercial purpose, for any non-authorized purpose, or for any illegal purpose;
(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by Caron or by any third party;
(f) use the WEBSITE to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is legally and/or objectively harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable;
(g) access or use any password-protected, secure, or non-public areas of the WEBSITE, or access data on the WEBSITE not intended for You, except as specifically authorized by Caron;
(h) impersonate or misrepresent Your affiliation with any person or entity;
(i) use any automated means to access or use the WEBSITE, including scripts, bots, scrapers, data miners, or similar software, or display the WEBSITE, or portions thereof, in things (e.g., framing, scraping, etc.), without Caron’s express written permission;
(j) attempt to or actually disrupt, impair, interfere with, alter, or modify the WEBSITE, or any information, data, or materials posted and/or displayed by Caron;
(k) attempt to probe, scan, or test the vulnerability of the WEBSITE or breach any implemented security or authentication measures, regardless of Your motives or intent;
(l) attempt to interfere with or disrupt access to or use of the WEBSITE by any User, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code;
(m) willfully or knowingly create or contribute to circumstances that are dangerous or hazardous or that increase the risk of personal injury or damage to real or personal property of another person; or
4.2 Disclosures and Disclaimers
By using the WEBSITE, You acknowledge and agree to the following disclosures and disclaimers about Caron and the WEBSITE:
(a) THE WEBSITE IS NOT INTENDED FOR SEEKING URGENT MEDICAL TREATMENT OR EMERGENCY CARE. IF YOU ARE IN NEED OF OR ARE SEEKING URGENT MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER DIRECTLY OR CALL 911 IMMEDIATELY. YOU AGREE THAT YOU WILL NOT LEAVE ANY MESSAGES WITH CARON OR CARON’S TREATMENT PROVIDERS WITH RESPECT TO URGENT MEDICAL TREATMENT OR EMERGENCY CARE.
(b) The WEBSITE may refer You to physical locations, websites on the Internet and/or products or services that are owned, under the control of, or maintained by a third party that is not Caron (“Third Party Properties”). Unless otherwise indicated, such references do not constitute an affiliation with or endorsement by Caron of any such Third Party Properties. You acknowledge that Caron is providing any references to such Third Party Properties to You solely as a convenience to You, and You agree that Caron is not responsible for any injury, harm, damages, or negative experience You may encounter by accessing, visiting, or using such Third Party Properties. Caron does not make any representations about any Third Party Properties. Additional third-party terms and conditions may apply to Your access to or visit or use of Third Party Properties. Please review any such additional third-party terms and conditions carefully.
If You have any questions about the above disclosures and disclaimers or the WEBSITE, please contact us at firstname.lastname@example.org.
5. Availability of the WEBSITE
It is not possible to operate the WEBSITE with one-hundred percent (100%) guaranteed uptime. Caron will make commercially reasonable efforts to keep the WEBSITE operational. However, certain technical difficulties, routine site and software maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the WEBSITE. In addition, Caron reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the WEBSITE, with or without notice.
You agree that Caron shall not be liable to You or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the WEBSITE.
6. Third Party Links and Materials
The WEBSITE may be linked to other sites that are not under the control of or maintained by Caron. Such links do not constitute an affiliation with or endorsement by Caron of any such sites. You acknowledge that Caron is providing these links to You solely as a convenience to You, and You agree that Caron is not responsible for the content or links displayed on such sites to which You may be linked. Caron does not endorse or make any representations about these websites, or any content found thereon. If You access any of the third-party websites linked on our Website, You do so at Your own risk.
Our WEBSITE may contain materials submitted by third parties. Any such materials are provided solely as a convenience to You. If You use any of the third-party materials, You do so at Your own risk. In no event shall Caron be liable for any loss, claim, damages, or costs that may arise in connection with Your use of these materials.
7. Privacy and Security
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE WEBSITE ARE AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY IDENTIFIED AS WARRANTIES BY CARON, CARON DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE WEBSITE; (B) ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE; AND (C) THE ACTS OR OMISSIONS OF USERS THROUGH THE WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. CARON MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. CARON ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Release and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE CARON (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR 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 DISPUTE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CARON OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH (A) THE WEBSITE; (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE; OR (C) ANY ACTS OR OMISSIONS OF USERS THROUGH THE WEBSITE, EVEN IF CARON OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “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.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CARON AND ITS AFFILIATES AND SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNEES) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE TO CARON BY YOU UNDER THIS AGREEMENT, AND (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF CARON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CARON, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT BY YOU AND ANY ACT OR OMISSION BY YOU RELATING TO YOUR USE OF THE WEBSITE.
11. Intellectual Property Infringement
Caron seeks to respect the intellectual property rights of others, and We expect Users to do the same. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others. If You believe a work protected by a U.S. copyright You own has been posted on the WEBSITE without authorization, You may notify our copyright agent, and provide the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work or works claimed to have been infringed;
(c) a detailed description of the material You claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears;
(d) Your name, mailing address, telephone number and e-mail address;
(e) a statement by You that You believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
(f) a statement by You that the above information is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify Caron of a claimed copyright infringement, please contact:
Richard J Caron Foundation
243 North Galen Hall Road
PO Box 150
Wernersville, PA 19565
We may modify this Agreement at any time and in our sole discretion. We will use commercially reasonable efforts to publish to You any revised portion of this Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should You deem any such modification to this Agreement to be unacceptable, You shall stop accessing and using the WEBSITE. All changes to this Agreement shall be effective immediately.
12.2 Access and Use Where Prohibited
Access to and use of the WEBSITE are unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
12.3 Operation of the WEBSITE from the United States of America
12.4 Applicable Law and Venue
Any action related to the Agreement will be governed by the law of the Commonwealth of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction.
12.5 Dispute Resolution
Caron intends to resolve any and all disputes that may arise among it and its Users in a cost-effective and non-disruptive manner.
You agree to the following dispute resolution procedure for disputes arising between You and Caron. Disputes shall be resolved through good faith negotiations between the parties. If You are unable to resolve any dispute in the ordinary course of business, You shall send a written notice to Caron in which You outline the issues in dispute, enclose any relevant documents, and state the requested relief. Caron shall respond within ten (10) business days with the same information from its perspective. You and a representative of Caron shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as You and Caron mutually deem necessary or desirable thereafter, in an attempt to resolve the matter.
If, within sixty (60) days of the first communication, You and Caron fail to resolve the matter, all such controversies, claims or disputes shall be submitted to mandatory, final, confidential, binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C., § et seq. Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration award shall be final and binding and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court. YOU AND CARON WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AND CARON MAY SEEK RELIEF ONLY ON BEHALF OF THEMSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY THEIR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION.
12.6 User Submissions and User’s Grant of Limited Licensed
By communicating with Caron, including submitting or sending content to us, You grant Caron the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a Caron feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or all other aspects of such submitted material, including any content or part thereof, or other communication to Caron. By submitting any such content to the WEBSITE, You waive any moral rights in such content.
12.7 Force Majeure
In the event Caron’s performance of this Agreement, or any obligation under this Agreement, is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of the government in its sovereign capacity, fires, floods, epidemic, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of Caron, Caron shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
No action arising out of this Agreement or Your access to or use of the WEBSITE, regardless of form or the basis of the claim, may be brought by You more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose), and You hereby waive any longer statute of limitations that may be permitted by law.
If Caron does take any legal action against You as a result of Your violation of this Agreement, Caron will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Caron. You agree that Caron will not be liable to You or to any third party for termination of Your access to or use of any part of the WEBSITE as a result of any breach of this Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under this Agreement to any third party without prior written consent by Caron. Any purported assignment lacking such consent will be void at its inception. Caron may assign all or part of its rights and/or delegate all or part of its duties under this Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by publishing such notice through the WEBSITE.
12.9 Contacting Us
If You have any questions about this agreement, please contact:
Richard J Caron Foundation
243 North Galen Hall Road
PO Box 150
Wernersville, PA 19565
Although Caron will in most circumstances be able to receive Your e-mail or other information provided through this WEBSITE, Caron does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.