Terms of Use

Updated May 17, 2011
BY SELECTING "I AGREE" ON THE SIGN-UP PAGE, YOU REPRESENT THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT IN FULL AND ASSENT TO BEING BOUND THEREBY.

This Terms of Use and Internet Publication Agreement (the "Agreement") is made and entered into by CareFlash, LLC, a Texas limited liability company, and its subsidiaries, affiliates, and licensors ("CareFlash"), and you ("User"). CareFlash reserves the right to update and change these Terms of Use from time to time without notice or acceptance by User.

Section 1: Definitions

"Account" means the credentials and authorization under which User accesses and uses the Website.

"Administrator" means a User that is an individual or entity that: 1) institutes a Group and accepts ultimate responsibility for activities conducted by that Group's participants; 2) has the authority to submit, view, and manage Posted Information; 3) adds and removes Moderators; and 4) adds and removes Users.

"Collaborator" means a collaborative partner of CareFlash that is an independent individual or entity that has the authority to moderate a Forum and to submit and manage Collaborator Information and to view and respond to Posted Information.

"Collaborator Information" means any information or materials submitted by a Collaborator for publication via the Website.

"Content" means any information or materials published on or throughout the Website, including any design, text, graphics, other files, and the selection and arrangement thereof. Unless specifically excepted for the purpose of any section of this Agreement, Content includes Collaborator Information and Posted Information.

"Moderator" means a User that is an individual or entity designated by an Administrator as having the same authority as Administrator within a Group.

"Group", also known as a "Community" or "Careopolis" means an association of Users, the membership of which is defined and managed by an Administrator and Moderators. A Group is created by an Administrator for the purpose of sharing information regarding the Subject or related circumstances.

"Posted Information" means any information or materials, regarding the Subject or related circumstances, that is submitted by User for publication via the Website.

"Blog" means the location, within the Website, at which all Posted Information is published to members of the Group through which User submitted the information. Only members of a Group may submit Posted Information for publication via the relevant Blog. User may or may not be notified whenever the Blog of a Group of which the User is a member is updated. The term Blog also encompasses terminology including: Forum and Community.

"Public Blog" means the location, within the Website, at which Posted Information designated by User is published to the general Internet community. User may, or may not be not be notified when the Public Blog is updated by another User. The term Blog also encompasses to terminology including: Forum and Community.

"Recipient" means a User designated by an Administrator or a Moderator as having authority to view Posted Information.

"Subject" means an individual: 1) to whom information published by members of a Group relates; or 2) to whose circumstances information published by a Group relates. Vital statistics and other data regarding the Subject are among the Registration Data collected when a Group is instituted.

"Website" means the Content located on the World Wide Web at uniform resource locaters (URL's) used presently or in the future in association with provision of the Service.

Section 2: CareFlash Services

CareFlash will provide User access to and use of CareFlash's Internet-based service (the "Service"), which allows users to publish Posted Information and view Content through the use of a Blog. The Service may also facilitate the publication of Posted Information and viewing of Content through a Public Blog. CareFlash will use reasonable efforts to maintain and update Website Content based on User submissions of Posted Information.

CareFlash may establish general practices and limits concerning use of the Service, including without limitation the maximum number of Moderators or Recipients that may be added to a Group, the maximum storage space allotted for Posted Information, the maximum number of times (and the maximum duration for which) Users may access the Website and use the Service in a given period of time, and the areas and data that any User may access within the Website. CareFlash reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Section 3: Term and Termination

The term of this Agreement will begin on the recorded date on which User accepts the terms and conditions of this Agreement and shall continue until terminated in accordance with this Section. CareFlash may, in its sole discretion, deactivate or delete User's Account without notice for any reason, including without limitation the belief by CareFlash that User has violated or acted in a manner inconsistent with the letter or spirit of this Agreement, and such deactivation or deletion of User's Account shall terminate this Agreement. User may terminate this Agreement at any time, for any reason, by requesting that CareFlash deactivate or delete User's Account. Upon termination of this Agreement, CareFlash shall immediately deactivate or delete User's Account, which will terminate User's ability to submit, view, and manage Posted Information. CareFlash will not be liable to User or any third-party for any deactivation or deletion of User's Account or the deletion of any information associated therewith. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 18 shall survive the termination of this Agreement.

Section 4: CareFlash's Rights in Website Content

All Content published on or throughout the Website, excluding Posted Information and advertisers' trademarks and copyrighted material, and including but not limited to designs, text, graphics, other files, and their selection and arrangement, are the proprietary property of CareFlash or its subsidiaries, affiliates, partners and licensors or are the proprietary property of a Collaborator. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without CareFlash's prior written permission and/or the written permission of the Collaborator. User may download or print a copy of any portion of the Content solely for User's personal, non-commercial use, provided that User keeps all trademark, copyright, or other proprietary notices intact. User may not republish Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. With the exception of advertisers' trademarks, all trademarks, logos, trade dress and service marks on the Website are either trademarks or registered trademarks of CareFlash or its subsidiaries, affiliates, and licensors or of a Collaborator and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CareFlash.

Section 5: Posted Information
Rights in Posted Information

By submitting Posted Information for publication on the Website, User automatically grants, and User represents and warrants that User has the right to grant, to CareFlash an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to publish Posted Information submitted by User on or throughout each component (Blog, Storytelling Tool, iHelp Calendar, etc.) within that Careopolis. Likewise, to use or disclose Posted Information items to third parties, but only in an aggregated, non-individualized form, and will not be presented in such a manner as to allow any third party to extrapolate either Subject's or User's identity or personally identifiable information. Upon termination of this Agreement, the license referenced by this Section shall automatically expire.

Disclosure of Posted Information by CareFlash

CareFlash will not disclose Posted Information or make Posted Information available to third parties, other than as authorized under this Agreement, except in special cases when CareFlash believes in good faith that the law requires it.

Inappropriate Material

User is responsible for any Posted Information submitted by User to CareFlash. User understands and agrees that CareFlash may review and immediately delete or remove from publication any Posted Information that, in the sole judgment of CareFlash, violates this Agreement or which might be offensive, defamatory, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Website and Service.

Merely a Social Network, Not a Service for Discussing HIPAA Sensitive Information

CareFlash is merely a social networking service and is not intended to be a conduit or forum for communicating or discussing protected information under the Health Insurance Portability and Accountability Act ("HIPAA") and is Inappropriate Material.

Section 6: Registration Data

In consideration for access to the Website and use of the Service, User agrees to: 1) provide true, accurate, current, and complete information about User ("Registration Data") as prompted by the Website's registration form; and 2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If User is also Administrator, Registration Data may include information regarding Subject or Subject's circumstances. If User provides any information that is untrue, inaccurate, not current or incomplete, or CareFlash has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CareFlash has the right to deactivate or delete any individual User's Account and refuse User any and all current or future use of the Website and Service (or any portion thereof). User also understands and agrees that the Service may include certain communications from CareFlash, such as service announcements or administrative messages, and that User will not be able to opt out of receiving such communications.

CareFlash may use or disclose certain Registration Data items to third parties in association with defining advertising parameters. Any such disclosure will contain Registration Data in an aggregated, non-individualized form, and will not be presented in such a manner as to allow any third party to extrapolate User's (and, if User is also Administrator, Subject's) identity or personally identifiable information.

CareFlash may otherwise disclose Registration Data to third parties, other than as authorized under this Agreement, in special cases when CareFlash has reason to believe that the law requires it or that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be violating this Agreement, or may be causing injury to or interference (either intentionally or unintentionally) with any of CareFlash's rights or property, or other CareFlash users, or anyone else.

Section 7: Passwords and Security

User will have a unique user ID and password for accessing the Website under User's Account and User may be required to change passwords periodically. User's access credentials are unique to User. Administrator and Moderators may not use each other's access credentials or Accounts to access the Website or allow another person to use their Account. User should memorize his access credentials. If User needs to write them down, do not record the user ID in the same place as the password. User is responsible for maintaining the confidentiality of User's access credentials, and is responsible for all activities that occur under User's Account.

User agrees to: 1) notify CareFlash immediately of any known unauthorized use of User's Account, or of any other breach of security that comes to User's attention; and 2) log out of User's Account at the end of each session. CareFlash reserves the right to log off Accounts after an extended period of time.

CareFlash cannot and will not be liable for any loss or damage arising from User's failure to comply with the requirements stated in this Section.

Section 8: Website Usage Data

CareFlash may collect IP addresses and other publicly available data associated with a web resource request for the purposes of system administration and to audit the use of the Website. The information recorded may include, without limitation: 1) each instance that User's user ID and password are used to access the Website; 2) the time and duration of each session of a user ID's use of the Website; and 3) when and the number of instances that a user ID is used to access or upload certain information on the Website.

CareFlash collects certain information from a user's web browser using a "cookie." A cookie is a piece of data stored on a user's computer and is tied to information about the user. By default, CareFlash uses a persistent cookie that facilitates recognition of users during subsequent sessions on the Website. User's web browser must be configured to accept cookies in order to make full use of the Service via the Website.

CareFlash can and will use IP addresses, login information and other information freely provided by User's web browser to identify a user when CareFlash, in its sole discretion, feels it is necessary to enforce compliance with this Agreement or to protect the Service, the Website, users, or others. CareFlash may disclose Website usage data in special cases when CareFlash has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating this Agreement, or may be causing injury to or interference (either intentionally or unintentionally) with any of CareFlash's rights or property, or other CareFlash users, or anyone else. CareFlash may collect and disclose Website usage data when CareFlash believes in good faith that the law requires it and for administrative and other purposes deemed necessary to maintain and improve the Service.

Section 9: HIPAA Protected Information

User, as representative of Subject, hereby acknowledges that none of the information stored upon or communicated through CareFlash is within the realm, boundaries and borders associated with Subject's protected information under the Health Insurance Portability and Accountability Act ("HIPAA") and is Inappropriate Material.

Section 10: User's Representations and Warranties

User represents that User is of legal age and possesses the power, authority, and legal right to enter into and be bound by this Agreement. If User is also Administrator, User represents and warranties that User is duly authorized to act on Subject's behalf and possesses the power, authority, and legal right to authorize the release of Subject's protected information under Section 9.

User understands that the Service and the Website are available for User's personal, non-commercial use only. User represents, warrants, and agrees that no materials of any kind submitted by User will violate, infringe upon, or misappropriate the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. If User is also Administrator, User also accepts responsibility for any actions taken by any Moderator or Recipient with respect to use of the Website and the Service.

User agrees not to harvest or collect email addresses or other contact information of users of the Service or Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, User agrees not to use automated scripts to collect information from the Service or the Website or for any other purpose. User further agrees that User may not use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Website.

User agrees not to use the Service or the Website to: 1) upload, post, email, transmit or otherwise make available any content that CareFlash, in its sole judgment, deems to be harmful, threatening, defamatory, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable; 2) impersonate any person or entity, or falsely state or otherwise misrepresent User or User's affiliation with any person or entity; 3) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 4) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 5) intimidate or harass another; or 6) use or attempt to use another's account without authorization from CareFlash or create a false identity on the Service or the Website.

Section 11: Indemnification

User agrees to indemnify and hold CareFlash and its subsidiaries, affiliates, and licensors and its Collaborators, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, or demand, including but not limited to reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of User's use of the Website or of the Service in violation of this Agreement or User's violation of any law or the rights of a third party.

Section 12: Disclaimers

CareFlash and its Collaborators are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether uploaded or caused by Administrator, Moderators, Recipients, Collaborators, or other users of the Website, or by any of the equipment or programming associated with or utilized in the Website or the Service. CareFlash and Collaborators are not responsible for the conduct, whether online or offline, of Administrator, Moderators, Recipients, or other users of the Website or of the Service.

The Content and information provided herein is for general information purposes only, and is not intended to replace professional medical advice, diagnosis, or treatment by a qualified health care provider.

You should be aware that information related to healthcare changes constantly, and that information provided herein may not reflect the most current information. Accordingly, you should not rely exclusively on information provided herein for your needs, should not disregard or delay seeking professional medical advice because of any information provided herein, and should present to your own healthcare provider any and all questions.

The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. CareFlash assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, Administrator, Moderator, Collaborator or Recipient communications. CareFlash is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, or at any web site or combination thereof, including injury or damage to Administrator, Moderators, Recipients, or other users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will CareFlash be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on or through the Website or transmitted to Administrator, Moderators, or Recipients, or any interactions between any other users of the Website, whether online or offline.

The Website may contain links to other websites. CareFlash and its Collaborators are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by CareFlash or its Collaborators. Inclusion of any linked website on or throughout the Website or the Service does not imply approval or endorsement of the linked web site by CareFlash or its Collaborators. If User or other users decide to leave the Website and access these third-party sites, User and other users do so at their own risk.

The website, the service, and the content are provided "as-is" and CareFlash and its collaborators disclaim any and all warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. CareFlash and its collaborators cannot guarantee and does not promise any specific results from use of the website and/or the service.

Section 13: Limitation on Liability

To the extent allowed by the relevant jurisdiction, in no event will CareFlash, or its subsidiaries, affiliates, collaborators or licensors, be liable to user or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from user's use of the website or the service, even if CareFlash or collaborator is aware or has been advised of the possibility of such damages. Notwithstanding any other limitations contained in this agreement, the limit of CareFlash's liability arising from user's use of the website or the service will be $10.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to user, some or all of the above disclaimers, exclusions or limitations may not apply to user, and user may have additional rights.

No representations or warranties, express or implied, are made as to the accuracy, completeness, timeliness or usefulness of any information provided herein. User assumes all risk associated with use of any information provided herein, and CareFlash and its collaborators do not assume any risk, and shall have no liability whatsoever for your use of or any decision made or action or non-action taken by you based on the information herein.

The use of any information provided herein does not create an express or implied physician-patient relationship and does not obligate CareFlash or its collaborators to follow up or contact any user of the information or participant in the website.

Section 14: Governing Law and Venue

This Agreement is to be governed by the laws of the State of Texas, without regard to principles of conflict of laws, and the parties expressly agree that any action at law or in equity arising out of or related to this Agreement will be filed only in the state or federal courts located in Travis County, Texas, USA. The parties hereby consent and submit to jurisdiction of such courts for the purpose of litigating any such action.

Section 15: Entire Agreement

This Agreement constitutes and contains the final, complete, and exclusive expression of the agreement between the parties with respect to the subject matter hereof.

Section 16: Severability

In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby.

Section 17: Waiver

The waiver of a breach of any provision of this Agreement by any party or the failure of any party otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform.

Section 18: Assignment

User may not assign this Agreement or User's rights hereunder, or delegate User's rights or authority hereunder in whole or in part, except as provided with respect to Moderators in Section 1. CareFlash may assign this Agreement or any or all of its rights hereunder to any person or entity and will be relieved of all its obligations to User hereunder to the extent that such obligations are assumed in writing by any such assignee.

Section 19

In order to make it convenient for Users to create and organize fundraisers, we have partnered with CrowdRise (https://CrowdRise.com) and integrated their excellent crowdfunding capabilities within each Careopolis. CareFlash is merely a conduit and we never collect, intermediate, transition or hold any of the giving, collections or proceeds associated with any of the fundraising campaigns.

By selecting "I agree" from the sign-up page, user represents that he has read the terms and conditions of this agreement in full and assents to being bound thereby.