Acceptance of the Terms of Use

 

Welcome to HealthTree®, a tool created by Myeloma Crowd, a division of the CrowdCare Foundation ("Company", "we" or "us"). HealthTree is a data platform for cancer patients, researchers and clinical practitioners to help advance cures. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of https://www.healthtree.org/ (the “Platform”), including any content, functionality and services offered on or through the Platform, whether as a guest or a registered user.

 

Please read these Terms of Use carefully before you use the Platform. By using the Platform or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

 


 

Eligibility to Use The Platform

 

This Platform is intended only for users who are 18 years of age or older and reside in the United States or any of its territories or possessions.  By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old and reside in the US or its territories; (b) you hold, in good standing, any credential you state that you hold on the Platform, and are a member in good standing of any group or affiliation of which you state you are a member on the Platform; (c) you have not previously been suspended or removed from the Platform; and (d) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations and you will use the Platform only as set forth in these Terms of Use.

 

If you do not meet these eligibility requirements, you must not access or use the Platform.

 


 

We Do Not Provide Medical Advice

 

YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE PLATFORM AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. You are encouraged to seek medical diagnosis and treatment for any medical condition and to discuss information learned through the Platform with your healthcare provider. Information provided through the Platform is provided for informational purposes only and is in no way intended to be a substitute for consulting a medical professional. Do not disregard, avoid or delay obtaining medical advice from a health care professional because of something you may have read on the Platform. Do not use the Platform for emergency medical needs. Your use of information provided on the Platform is solely at your own risk. Nothing stated or posted on the Platform or available through any services are intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. Results generated from our database are not, and should not be considered medical advice. We do not recommend or endorse any specific tests, studies, protocols, treatments, physicians, procedures, opinions, products or other information that may appear on the Platform or on links reached through the Platform. If you rely on any of the information provided by the Platform, you do so solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm information on this Platform with your healthcare provider.

 


 

Intellectual Property Rights

 

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you a limited license to access and use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, interfere with or circumvent any feature of the Platform, including any security or access control mechanism, publicly display, publicly perform, republish, download, store or transmit any of the material on the Platform. You must not access or use any part of the Platform or any services or materials available through the Platform for commercial purposes.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in violation of the Terms of Use, your right to use the Platform will cease and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a violation of these Terms of Use and may violate copyright, trademark, and other laws.

 

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Platform (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.

 


 

Trademarks

 

The Company name, HealthTree, HealthTree Patient Network, Myeloma Crowd, the CrowdCare Foundation, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.

 


 

Prohibited Uses of the Platform

 

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

  • To engage in any other conduct that restricts or inhibits anyone's use of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.

  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Platform. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.

  • Otherwise attempt to interfere with the proper working of the Platform.

 


 

Limited Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Platform for any reconstruction of any lost data.

 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY WEBSITE LINKED TO THE PLATFORM.

 

WE PROVIDE THE PLATFORM “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE PLATFORM IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.

 


 

Limitation of Liability

 

You accept that we have an interest in limiting our liability and the personal liability of our directors, officers, members, employees, agents, representatives, and/or advisory board members (“Representatives”). TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE (OR INABILITY TO USE) THE PLATFORM OR WEBSITE OR IN CONNECTION WITH THESE TERMS OF USE.  You specifically understand and agree that as a condition of access to the Platform:

  • To the extent that the Platform and the information and services provided through the Platform are provided free-of-charge, we will not be liable for any loss or damage of any nature;

  • We will not be liable for any consequential, indirect, or special loss or damage;

  • We will not be liable for any indirect damages, including without limitation, loss of profit, income, revenue, anticipated savings or health outcomes, contracts, business, goodwill, reputation, data, or information;

  • We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

  • Our maximum liability in relation to any event or series of related events will be limited to $100.

You agree that you will not bring any claim personally against Representatives with respect to any losses you suffer in connection with use of or inability to use the Platform or these Terms of Use. This limitation will not limit or exclude the liability of the Company itself for the acts and omissions of our Representatives within the scope of their representation on behalf of the Company that are not otherwise excluded here.  Nothing in these Terms of Use (or elsewhere on the Platform) will exclude or limit our liability for damages caused by our fraud, gross negligence, or willful misconduct or for death or personal injury caused by any products you purchased from us that cannot be excluded or limited under applicable law. 

 


 

Indemnity

 

You hereby indemnify the Company, our affiliates, licensors and service providers, sponsors and ours and their respective Representatives, licensors, suppliers, successors and assigns (“Indemnified Parties”) and undertake to keep the Indemnified Parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers) incurred or suffered by the Indemnified Parties arising out of any violation by you of any provision of these Terms of Use or your use of the Platform, or arising out of any claim or judgment that you have violated any provision of these Terms of Use.

 


 

Third Party Terms

 

The Platform includes integration and links with other websites owned and operated by third parties. These links do not imply our endorsement of such third party websites and services and are provided for informational purposes only. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

The Platform may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Platform is provided to you subject to these Terms of Use, nothing herein prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

 


 

Information Privacy and Security

 

When you register as a user on the Platform, you will be required to provide us with information about yourself, such as your name, birthdate, contact information, and information about your current health and medical history. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your user profile and password, and you accept responsibility for all activities that occur under your user profile. If you believe that your user profile is no longer secure, then you must immediately notify us at [email protected].

 

Company is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and therefore is not required by law to comply with HIPAA’s requirements for handling protected health information. Company has a security program in place that seeks to mitigate risk to use reasonable and appropriate procedures and technologies to help protect the confidentiality of Personal Information collected through the Platform. We periodically review and modify our security policies and procedures, as appropriate.

 

Please note that despite our precautions, no website can be absolutely protected against intentional or malicious intrusion attempts. Furthermore, Company does not control the devices, computers, or network over which you may choose to send Personal Information to the Platform, and therefore cannot prevent potential interceptions or compromises to your information while in transit to the Platform. Company has implemented measures designed to safeguard your Personal Information, but cannot guarantee the security, integrity, or confidentiality of electronic communications or any information transmitted to or from or maintained by the Platform guarantee transmissions made over the Internet.

 


 

User Content

 

Certain features of the Platform may permit users to upload content to the Platform, including messages, medical information, data, text, and other types of works (“User Content”) and to publish User Content on the Platform. You represent and warrant that your User Content will comply with the Terms of Use.

 

By posting or publishing User Content on the Platform, you grant Company, and as necessary to provide our services, to our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, in connection with providing the Platform. In the event you submit any User Content to a forum or similar page on the Platform, the license granted to Company pursuant to these Terms will be irrevocable and will survive termination.

 

By posting or sharing User Content with other users of the Platform, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Platform.

 

By posting or publishing User Content, you affirm, represent, and warrant that:

  • You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Company and users of the Platform to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Company and these Terms; and

  • Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Company to violate any law or regulation.

 

Company does not control and does not have any obligation to monitor, edit, or control: (i) User Content; (ii) any content made available by third parties; or (iii) the use of the Platform by its users. You acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Platform for operational and other purposes. If at any time Company chooses to monitor the content, Company still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

 

Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content, including its legality, reliability, accuracy and appropriateness, and the consequences of posting or publishing User Content. Company may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Company with respect to User Content.

 

You understand that when using the Platform you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.

 


 

Term and Termination

 

These Terms are effective beginning when you accept the Terms or first access or use the Platform, and ending when terminated as described below.

 

If you violate any provision of these Terms, your user profile on the Platform and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your user profile on the Platform, or suspend or terminate your access to the Platform, at any time, for any reason or no reason, with or without notice. You may terminate your user profile and these Terms at any time by contacting customer service at [email protected]. At your email request, we will delete your entire HealthTree profile which includes your account information and all of your data.

 

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Platform; and (b) you will no longer have access to your user profile.

 

Company reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. Company will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.

 


 

Changes to Terms of Use

 

We may revise these Terms of Use from time to time. Revised Terms of Use will apply to your use of the Platform from the date of the publication of the revised Terms of Use on the Platform. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the Platform implies acceptance of any revised Terms of Use.

 


 

General Terms

 

Entire Agreement. These Terms of Use, together with our Privacy Policy, and any other policies referenced in these Terms of Use, constitute the entire agreement between you and Company relating to your use of the Platform, and supersede all previous agreements, understandings, representations and warranties (both oral and written) with respect to your use of the Platform.

 

Authority to be Bound. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that he or she has authority to bind you to these Terms and you agree to be bound by these Terms.

 

Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

 

No Waiver. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.

 

Use of Headings. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means "including but not limited to".

 

Severability. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

Dispute Resolution and Arbitration. You agree that disputes arising under these Terms of Use will be resolved by binding, individual arbitration, and by accepting these Terms of Use, you and Company are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. Your rights will be determined by a neutral arbitrator instead of a judge or jury. Any arbitration between you and Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”). Notwithstanding the foregoing, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local governmental agency if that right of action is available; (b) seek injunctive relief in a court of law in aid of arbitration; or (c) to file suit in a court of law to address an intellectual property infringement claim.

 

Governing Law. These Terms are governed by the laws of the State of Utah without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Utah County, Utah for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Platform from our offices in Utah, and we make no representation that materials available through the Platform are appropriate or available for use in other locations.

 

Exclusion of Third Party Rights. Except as otherwise set forth in these Terms of Use, these Terms of Use are for the benefit of you and Company, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

 

Privacy Policy. Please read the Company Privacy Policy for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

 

Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

 

Consent to Communications. By providing us with your contact information, you agree to receive communications, including via e-mail, voice calls, and text messages from or on behalf of Company at the email address or telephone number you provided, even if that number is on a national or state “Do Not Call List.” These calls will be for informational purposes, such as to verify your user profile or provide you with help or information on using the Platform. Standard text messaging and telephone minute charges applied by your cell phone carrier may apply. Company may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand that you may continue to receive communications while Company processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.

 

Consent to Electronic Notice. By using the Platform, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S- 202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.


 

This Terms of Use was last updated on May 29, 2018.