- Acceptance of Terms
Courageous Parents Network (herein referred to as “CPN,” “we,” “us,” or “our”) welcomes you to its Website. These Terms and Conditions of Service (“TOS”) govern your (the “User” of “You”) use of the Website provided by CPN. Please read these TOS carefully. By accessing, browsing, contributing to, or using this Website you are acknowledging that you have read, understood, and agree to be bound to the following TOS whether or not you are a registered member of CPN. If you do not accept the TOS or if you are under the age of 13, you shall not access, browse, contribute to, or otherwise use the Website. The TOS may be updated from time to time without notice to you. You can, however, always find the latest TOS here on this page. Your use of the Website after such changes are implemented constitutes your acceptance of the changes. You further agree and acknowledge, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement. IF YOU DO NOT AGREE TO THE CURRENT TOS, PLEASE DO NOT USE THIS WEBSITE, BECAUSE YOUR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TOS FOR ITS USE.
- Permitted Use
User has a nonexclusive, nontransferable, limited, and revocable right to use the Website solely for User’s personal, educational, informational, and entertainment use. User will not use the Website for any other purpose, including any commercial purpose, without CPN’s express prior written consent. For example, User will not authorize any other person to (i) Co-brand the Website or any portion thereof, or (ii) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another website). “Co- branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website (the “Content”). User agrees to cooperate with CPN in causing any unauthorized Co-branding, framing, or linking to immediately cease.
User must abide by the TOS. If User fails to follow any of the guidelines and/or rules of behavior, CPN can discontinue their ability to use the Website. In addition CPN has the right to delete any piece of Content or comment as well as any topic or profile that CPN finds objectionable.
User is solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, screen names you post to the Website. You agree to use the Website to post and receive communications and Content that are legal and proper. User must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others. User must not violate the privacy rights of others.
User must not upload, post, or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group). User must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property, or other legal right of a third party without prior written permissions from the Third Party, which permissions you agree to disclose to CPN upon request. User must not download any material that you know or reasonably should know cannot be distributed legally.
User must not impersonate another person or entity. User cannot create member accounts under any false or fraudulent pretenses (including by automated means). User must not use the Website for any illegal or unauthorized purpose. User must abide by all Federal, State, and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable Content as well as the export of data to the United States or to your country of residence.
User cannot modify or delete any Content and communications of the Website and/or of other individuals other than your own. User must not transmit any viruses, worms, defects, or any items and/or code of a destructive nature. User must not transmit or allow access or distribution of any spiders, robots, or other information gathering computer programs or routines or their equivalents on or in the Website. User must not interfere or disrupt the Website or servers or networks connected with the Website or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
User must not state or imply that any of your submitted and or posted Content is endorsed by CPN. User must not retrieve, store, or collect personal information about other users for any unauthorized purpose
ALTHOUGH CPN EXPLICITLY PROHIBITS THE ABOVE CONDUCT AND CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE WEBSITE ENTIRELY AT YOUR OWN RISK, AND THAT CPN SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT OR CONTENT.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, CPN CAN TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY WITHOUT PRIOR NOTICE WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.
- Proprietary Information
User acknowledges and agrees that the content accessible within the Website is the proprietary information of CPN and its content providers, and CPN and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish, or distribute such Content to any third party without the express written consent of CPN or the applicable content provider except that User may print out a copy of Content solely for User’s personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
- Intellectual Property
You acknowledge that CPN owns all the Content and materials produced by CPN for the Website including all photographs, graphics, video, and audio content. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Content. You also agree that you will not use any robot, spider, or other automated device or manual process to monitor or copy any Content from the Website.
The trademarks, service marks, and logos of CPN used and displayed on this Website are registered and unregistered trademarks or service marks of CPN. Other company, product, and service names located on the Website may be trademarks or service marks owned by third- parties (collectively, the “Trademarks”). Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage CPN or the applicable third-party, CPN’s or third-party’s products or services, or in any manner (in CPN’s sole reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless CPN approves the establishment of such a link by prior written consent. All goodwill generated from the use of any Trademark shall inure to CPN’s benefit.
As a User, you will be able to upload and post a great variety of Content, including but not limited to text, audio, video, photographs, graphics, and other materials. This means that you have sole responsibility, not CPN, for all Content that you upload post, email, transmit, or otherwise make available through the Website. You post it—you’re responsible.
CPN shall have no liability of any kind with respect to any Content posted by you or other users of the Website. You agree that you must assess and bear all risks associated with the use of any Content. In this regard, you may not rely on any Content created by other Users or otherwise created, distributed, and displayed on any part of the Website. CPN does not control or monitor the Content posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content.
The Content created by you will be owned by you or you will have been granted the prior permission to use it. CPN does not own any of the Content you post. By placing Content on the Website you are providing CPN with a worldwide, royalty-free, unlimited, free, sublicensable, assignable, perpetual, non-exclusive license to use, reproduce, distribute, create derivative works based on, perform, and display such Content (in whole or in part) in any media now known or thereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Content. CPN furthermore reserves the right to alter and/or edit any Content you post or refuse to accept, post, display, or transmit any Content you post in its sole discretion.
Unless you make it clear that specific Content you post cannot be copied or used by any other Users of the Website, you agree that by posting Content you own on the Website, all other Users can reproduce and use such Content in connection with the Website. CPN shall have no responsibility for enforcing any rights you claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless and indemnify CPN with respect to any claim you have that other Users are reproducing or using your Content as well as for claims by other Users that you are reproducing or using their Content without permission. CPN will not arbitrate, mediate, or resolve any intellectual property or other disputes between users, and has no responsibility for doing same.
You acknowledge that CPN may or may not pre-screen Content but that CPN and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, or delete any Content that violates the TOS or is otherwise objectionable.
CPN may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, to protect the rights, property, or personal safety of CPN, its users and the public.
CPN respects the intellectual property of others and we request our Users do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website hosted by CPN infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it be blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. In certain circumstances and at its discretion, CPN may, but is not obligated to, disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated please send notices and counter-notices pursuant to the DMCA to CPN at [insert link to DMCA registered agent here]
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. This website is designed to create a forum for support and exchange of information to help parents and families of children (ages 0-18) living with serious illnesses. The materials provided on this website (including but not limited to, text, graphics, videos, and other materials) are provided for informational purposes only. The purpose of this website is to promote broad understanding and knowledge of pediatric palliative care. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
CPN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY CONTENT ACCESSIBLE WITHIN OR THROUGH THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CPN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, THE SUBMISSIONS, OR THE THIRD-PARTY CONTENT, INCLUDING BUT NOT LIMITED TO, ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. CPN SHALL NOT BE RESPONSIBLE FOR OR SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ANY ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK
CPN MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OF USING THE WEBSITE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE WEBSITE IS PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CPN DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CPN DOES NOT WARRANT THAT THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, OR SECURE, AND NOTIFIES YOU THAT OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF CPN’S CONTROL. CPN FURTHER DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED TO SERVICE OR REPLACE EQUIPMENT OR DATA, CPN SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
No advice or information, whether oral or written, obtained by you from CPN or through or from the Website shall create a warranty not expressly stated in the TOS.
Moreover, CPN may provide, or third parties including CPN users, may provide links to other World Wide Web sites or resources. CPN has no control over these sites and Content and therefore you acknowledge that CPN is not responsible for the availability of such links, resources and Content, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials made available on or from these linked web sites. You also acknowledge and agree that CPN is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of Content, goods, or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF CPN REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST TO DISABLE, CPN HAS THE RIGHT TO DISABLE THE LINK WITHOUT NOTICE TO YOU.
- Limitation on Liability
CPN, its licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any direct, incidental, indirect, exemplary, consequential, or special damages, including but not limited to damages for loss of profits, loss of revenue or income, loss of goodwill, pain and suffering, emotional distress or similar damages, even if CPN has been advised of the possibility of such damages.
User will indemnify and hold CPN, its licensors, service providers, content providers, employees, agents, officers, and directors (the “Indemnified Parties”) harmless from any breach of these TOS by User, including any use of Content other than as expressly authorized in these TOS. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User’s use of the information accessed from the Website.
- No Resale of Content
User agrees not to, without the express prior written consent of CPN, reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Content you do not own.
- Modification and Termination of the Website
CPN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that CPN will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
Information posted on forums, bulletin boards, blog entries, or similar portions of the Website (“Forums”) may be supplied by third parties, other Users, or CPN. Any opinions, advice, statements, services, offers, or other information or content expressed or made available on the Forums is solely for the purpose of discussion and belong solely to the individual of the respective author(s). In no manner does CPN provide medical advice or medical diagnoses through its Website. User will not post any of the following material in any of the Forums:
- Material which threatens or abuses others, or which is defamatory or libelous, or which is invasive of another’s privacy;
- Material for which User does not have the right to post, including the proprietary material of any third party;
- Material which advocates illegal activity or discusses an intent to commit an illegal act;
- Material for advertising or commercial solicitation; or
- Material which is vulgar, obscene, pornographic, or indecent. CPN reserves the right, but is in no way obligated, to monitor Forums to determine compliance with these TOS. CPN also reserves the right to remove or refuse to post any Content in its sole discretion. Notwithstanding these rights, Users remain solely responsible for the Content of its postings. User acknowledges and agrees that neither CPN nor any third party content provider will assume or have any liability for any action or inaction by CPN or any third party provider with respect to any posting on the Forums. User will not (i) select or use a member name or e- mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that CPN, in its sole discretion, deems offensive. User hereby grants to CPN the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media, or technology now known or later developed.
If there is any dispute about or involving the Website, you agree that any dispute shall be governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law provisions and you agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the Commonwealth of Massachusetts, City of Boston.
14. General Information
The failure of CPN to exercise or enforce any right or provision of these TOS shall not operate as a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in this provision, and the other provisions of the TOS remain in full force and effect.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.