Hopeful.org Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF HOPEFUL.ORG.
Revisions, changes, and updates
We may revise the information on Hopeful.org (including these Terms and Conditions) or otherwise change or update Hopeful.org without notice to you. City of Hope may also make improvements or changes in the products or services described on Hopeful.org or add new features at any time without notice to you. We encourage you to read these Terms and Conditions periodically to see if there have been any changes to our policies that may affect you. Your continued use of Hopeful.org will signify your continued acceptance of the Terms and Conditions as it may be revised.
Links to Third Party Websites
Access, correction, and data integrity
Although we attempt to maintain the integrity and accuracy of the information on Hopeful.org, we make no guarantees as to its correctness, completeness, or accuracy. Hopeful.org may contain typographical errors, inaccuracies, or other errors or omissions. In addition, third parties could make unauthorized additions, deletions, or alterations to Hopeful.org without our knowledge.
City of Hope does not control the content submitted or posted or made available for inclusion on Hopeful.org by users or subscribers of Hopeful.org ("User Content") and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. Under no circumstances will City of Hope be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via Hopeful.org.
You acknowledge and agree that City of Hope does not pre-screen User Content, but that City of Hope and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove or delete any User Content that is available via Hopeful.org. Without limiting the foregoing, City of Hope and its designees shall have the right to refuse, remove, or delete any User Content that violates the Terms and Conditions or is otherwise objectionable.
You may not use and access Hopeful.org where prohibited and any attempt to do so will be void. To use Hopeful.org and create a membership account (a “Membership Account”), you must be 18 years of age or older (or an emancipated minor). Accordingly, any person who registers to use Hopeful.org (either for his or her own behalf) represents and warrants that he or she is 18 years of age or older (or an emancipated minor) and that his or her use of Hopeful.org will not violate any applicable law or regulation. You agree that, if we learn that you have misrepresented your age or that you have registered an account in violation of any applicable law or regulation, we may delete your Membership Account without warning and without any liability to you.
The Terms and Conditions shall remain in full force and effect while you are a member and at any time that you use Hopeful.org. You agree that City of Hope may at any time, for any reason (including your failure to comply with the Terms and Conditions or in order for us to comply with the requirements of a regulatory authority) and without notice to you (i) move, change, or suspend any part of Hopeful.org, (ii) terminate your Membership Account, or (iii) restrict or deny you access to Hopeful.org. Any termination of your Membership Account will be effective immediately after we send you an email at the email address in your Membership Account details or, if there is no email address there, at the email address you provided during registration for your Membership Account. You may also terminate your Membership Account at any time by following the instructions on Hopeful.org.
User participation in Hopeful.org
You agree that you will not upload or transmit any communications or content of any type that infringe upon, misappropriate, or violate any rights of any party. You agree that any of the following actions will be a material breach of the Terms and Conditions:
signing onto Hopeful.org as or pretending to be another person;
using the Hopeful.org for any purpose in violation of local, state, national, international laws;
uploading or transmitting material through or using Hopeful.org that infringes or violates the intellectual property, proprietary, privacy, or publicity rights of others;
uploading or transmitting material through or using Hopeful.org that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including City of Hope personnel) or entity as determined by City of Hope in its sole discretion;
using Hopeful.org in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
uploading, posting, emailing, transmitting, or otherwise making available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
using Hopeful.org to collect information about others; or
using Hopeful.org to intentionally distribute viruses or other harmful computer code.
Without limitation to our other rights under the Terms and Conditions, City of Hope expressly reserves the right, in its sole discretion, to terminate your access to Hopeful.org or to any interactive online services and/or to any or all other areas of Hopeful.org as a result of any act or omission by you that City of Hope believes would constitute a violation of the Terms and Conditions.
City of Hope has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person will have access to your Hopeful.org password or Membership Account. It is your sole responsibility to (1) control the disclosure and use of your activation codes and password; (2) authorize, monitor, and control access to and use of your Membership Account and Hopeful.org password; and (3) promptly inform City of Hope if you need to deactivate a password. We reserve the right to require you to change your password if we believe that your password is no longer secure. You may not disclose your password to any other person or permit any other person to access your Membership Account. You may not sell or otherwise transfer your profile for your Membership Account. You may not use the account, username, or password of any other Member at any time or attempt to impersonate any member.
Medical Advice and Information Disclaimer
Any information or content posted on Hopeful.org is not medical advice and should not be construed as medical advice. Nothing in the Hopeful.org is intended to be used BY YOU OR ANY OTHER PERSON for medical diagnosis or treatment. You should not consider any of the information or content on Hopeful.org to be complete, nor should you rely on such information to suggest a course of treatment. You should always seek the advice of your physician for any questions you may have regarding a medical condition and you should never disregard medical advice or delay seeking medical advice because of something you may have read on Hopeful.org.
HOPEFUL.ORG, ITS CONTENTS (INCLUDING WITHOUT LIMITATION ANY THIRD PARTY WEBSITES MENTIONED OR LINKED ON HOPEFUL.ORG OR ANY INFORMATION OR MATERIALS LOCATED, MENTIONED OR LINKED TO ON HOPEFUL.ORG (“EXCLUDED INFORMATION”)) AND ALL CONTENT OR SERVICES RELATED TO HOPEFUL.ORG ARE PROVIDED "AS IS" WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTIES AS TO THE RELEVANCY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON HOPEFUL.ORG. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF HOPEFUL.ORG, ITS CONTENTS (INCLUDING WITHOUT LIMITATION THIRD PARTY WEBSITES MENTIONED OR LINKED ON HOPEFUL.ORG OR ANY EXCLUDED INFORMATION), ALL PRODUCTS OR SERVICES RELATED TO HOPEFUL.ORG, AND ANY THIRD PARTY WEBSITES MENTIONED OR LINKED ON HOPEFUL.ORG. NO REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON HOPEFUL.ORG WILL CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY CITY OF HOPE. TO THE FULLEST EXTENT PERMITTED BY LAW, CITY OF HOPE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR OR IN RESPECT TO HOPEFUL.ORG, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR RESPONSIBILITY AS TO, OF, OR FOR: (I) YOUR USE OF HOPEFUL.ORG, ITS CONTENTS (INCLUDING WITHOUT LIMITATION THIRD PARTY WEBSITES MENTIONED OR LINKED ON HOPEFUL.ORG OR ANY EXCLUDED INFORMATION) AND ALL PRODUCTS OR SERVICES RELATED TO HOPEFUL.ORG, INCLUDING ANY DAMAGES RESULTING OR ARISING FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN TRANSMISSION, COMPUTER VIRUSES, INFECTIONS, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, COMMUNICATION LINE FAILURES, NON-DELIVERIES, MIS-DELIVERIES, THEFT, OR UNAUTHORIZED ACCESS OF INFORMATION OR ANY FAILURE OR PERFORMANCE OF HOPEFUL.ORG; (II) ANY DENIAL OR RESTRICTION OF YOUR ACCESS TO HOPEFUL.ORG IN ANY MANNER BY CITY OF HOPE OR OTHERWISE; OR (III) THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF HOPEFUL.ORG.
WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY HOPEFUL.ORG WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT HOPEFUL.ORG OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Limitation of Liability and Choice of Law
CITY OF HOPE AND ITS OFFICERS, STAKEHOLDERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, ANY THIRD PARTIES MENTIONED OR LINKED TO ON HOPEFUL.ORG, EXCLUDED INFORMATION and any third party information or content providers to HOPEFUL.ORG ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF HOPEFUL.ORG OR ANY THIRD PARTY WEBSITES, ANY CONTENT OR INFORMATION ON HOPEFUL.ORG (INCLUDING WITHOUT LIMITATION EXCLUDED INFORMATION OR THIRD PARTY WEBSITES MENTIONED OR LINKED ON HOPEFUL.ORG OR THIRD PARTY WEBSITE, OR ANY PRODUCTS OR SERVICES RELATED TO HOPEFUL.ORG OR ANY THIRD PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY OF THE FOREGOING OR FOR DISSATISFACTION WITH HOPEFUL.ORG, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEBSITES IS TO STOP USING HOPEFUL.ORG AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION ON THE TYPE OR AMOUNTS OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THE TERMS AND CONDITIONS. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to THE TERMS AND CONDITIONS or your use of HOPEFUL.ORG shall be filed only in the state OR FEDERAL courts located in LOS ANGELES County in the State of CALIFORNIA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to THE TERMS AND CONDITIONS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You understand and agree that you are personally responsible for your behavior or the behavior of any person using your Membership Account in connection with Hopeful.org. You agree to indemnify, defend, and hold City of Hope and its officers, stakeholders, directors, employees, affiliates, agents, contractors, representatives, successors and assigns, any third-party information or content providers to Hopeful.org, harmless from any loss, liability, claims, demands, damages or costs (including, but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, made by any third party, due to or arising out of (i) your use or misuse of Hopeful.org by you or any other person using your Membership Account, including without limitation, any false or fraudulent transaction; (ii) any violation or breach of the Terms and Conditions; or (iii) any violation of any of the rights of any other third party. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Except as otherwise indicated, all content on Hopeful.org is the property of City of Hope or its licensors and is protected by United States and international copyright laws. City of Hope allows you to view or download a single copy of such material solely for your personal, noncommercial use.
The compilation of all content on Hopeful.org is the exclusive property of City of Hope and is protected by United States and international copyright laws. Unless specifically authorized in writing by us, any use of these materials, or of any materials contributed to Hopeful.org by individuals or entities other than City of Hope, including on any other website or networked computer environment for any purpose is prohibited.
Any rights that are not expressly granted by the Terms and Conditions or any applicable end-user license agreements are reserved by City of Hope. Any content, information, material, and features on Hopeful.org are subject to change or termination without notice in the editorial discretion of City of Hope.
Please note that if you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Trademarks and service marks
"City of Hope" and the City of Hope logo are registered service marks of City of Hope or its affiliates. Other proprietary marks of City of Hope or third parties may be designated as such from time to time on Hopeful.org through use of the TM, SM, or ® symbols. You are not authorized to make any use of the City of Hope marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by City of Hope or the applicable third party.
City of Hope makes Hopeful.org and its features, tools and services available to the general public for the purpose of providing useful information to the general public and not for the purpose of providing health care services. Hopeful.org is not intended to provide medical advice or health care services. Please consult your physician regarding your health questions, specific diagnosis and treatment. If you are experiencing a medical emergency, please IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION.
In order to use many of Hopeful.org’s features, tools, and services, we ask you to register as a member of Hopeful.org. During this member registration process, we will ask you to provide us with certain personally identifiable information, including your name, zip code, and email address (“Personal Information”). Consistent with the informational purpose of Hopeful.org, we collect the Personal Information from you as an on-line consumer and not as a City of Hope patient. The Privacy Statement in the Terms and Conditions describes how City of Hope handles Personal Information submitted as part of the registration process for Hopeful.org. In contrast, any information City of Hope collects when providing health care services is considered to be Protected Health Information or “PHI” as defined and governed by the Health Insurance Portability and Accountability Act of 1996 and governed by our separate
Notice of Privacy Practices - COMM
that City of Hope provides to its patients as part of providing them with our health care services.
“Web Activity Information” gathered by City of Hope and its third-party service providers
When you visit Hopeful.org, City of Hope may collect certain information on your activities while visiting Hopeful.org (“Web Activity Information”) in order to evaluate and improve the effectiveness of Hopeful.org. Web Activity Information may include information such as how many visits you made to Hopeful.org, the time of day and date of your visits; the areas of Hopeful.org that you visit, the Internet domain from which you access Hopeful.org; your computer's IP address, and the type of browser and operating system you use. In doing so, City of Hope may utilize the services of certain third party service providers. This type of Web Activity Information is generally collected from server log files and from cookies.
Your IP address is a number that is assigned by your ISP (Internet Provider) to your computer to identify its location. We use your IP address to help diagnose problems with our server and to administer Hopeful.org. We also sometimes use IP addresses to communicate with members and possibly even delete the accounts of members who are not complying with the Terms and Conditions.
You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies, you may be unable to use those parts of Hopeful.org that require registration in order to participate or you will have to sign in each time you visit Hopeful.org.
Guidelines Regarding Children
Personal information about children is a concern for all of us. At City of Hope, we take the protection of children's privacy very seriously. We do not allow participation by children other than emancipated minors. Persons who we know to be under the age of 18 (other than emancipated minors) are prohibited from becoming Members.
Links to other Sites
As noted above, Hopeful.org may contain links to third party websites that are not co-branded or affiliated with City of Hope in any way. We are not responsible for the privacy practices or the content of such Third Party websites, and we do not control the practices of the operators of any Third Party website.
We control and operate Hopeful.org from the United States. Hopeful.org is not intended to subject us to the privacy laws or jurisdiction of any state, country, or territory other than that of the United States. Please note that we do not represent or warrant that Hopeful.org is appropriate for use in any particular jurisdiction. Those who choose to access Hopeful.org do so at their own initiative and are responsible for complying with all local laws, rules, and regulations.
Entire Agreement; Order of Precedence; Waiver; Severability
Unless otherwise specified herein, the Terms and Conditions constitutes the entire agreement between you, as a Member, and City of Hope with respect to Hopeful.org and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and City of Hope with regard to Hopeful.org. To the extent of any conflict or ambiguity between the Terms and Conditions and any other terms and conditions posted on Hopeufl.org, the terms of Terms and Conditions shall govern to the extent of any conflict or ambiguity. City of Hope’s failure to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision. If any part of the Terms and Conditions is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.
The Terms and Conditions are accepted upon your use of Hopeful.org and is further affirmed by you becoming a member of the Hopeful.org.