Terms of use
ALS Care Connection, Inc. (“ALS Care Connection” or “we” or “us”) welcomes you to our web site (the “web site”). On this web site, ALS Care Connection makes available to you its Internet service for helping others, along with information, software, documents, communications, files, text, graphics, publications, content, tools, forums, resources and links to other web sites (collectively referred to as the “Service”).
We sometimes offer the Service in cooperation with other organizations that share our vision of bringing people together to help others (those other organizations are referred to as “Program Providers”). In such case, the Program Provider’s name will appear on the web site. Many of the sections of these Terms of Use apply to both ALS Care Connection and our Program Providers.
Acceptance of Terms
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By accessing and using this web site in any way, including, without limitation, browsing the web site, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document (“Terms of Use”). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEB SITE IN ANY MANNER.
The Terms of Use are entered into by and between ALS Care Connection and you. If you are using the web site on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf.
ALS Care Connection reserves the right, at ALS Care Connection’ sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this web site following the posting of changes to the Terms of Use will mean you accept those changes.
Privacy Policy
ALS Care Connection respects your desire for privacy. Your information may be stored and processed in the United States or any other country in which ALS Care Connection or ALS Care Connection representatives and affiliates maintain facilities. By using the Service and the web site, you consent to the transfer of information outside of your country if you are using the Service in a country other than where our site is hosted, and you consent to the terms of our Privacy Policy.
How ALS Care Connection will protect your personal information
Notice, Choice, and Onward Transfers. ALS Care Connection requests general demographic information in the sign-up process. This information is limited to reporting purposes only. Phone numbers, email addresses, and postal addresses are not shared for demographic reports with outside entities, except as follows. If you join a community that was created from the web site service of one of our Program Providers, the Program Provider’s name is prominently displayed on each page of the web site. In such case, we may share your name and email address with that Program Provider, and the Program Provider may communicate with you about activities associated only with it, but you will have the opportunity to opt-out of receiving further communications from the Program Provider if you wish.
Data Security. ALS Care Connection takes data security seriously and has put in place customary physical and electronic procedures to protect and secure the personal information that you share with us. This information is protected using industry-standard security measures and stored in a controlled environment.
Data Integrity. ALS Care Connection will use personal information only in ways that are compatible with the purposes for which it was collected, which is to provide communication among the members of the community to which you belong.
Access. All individuals providing personal information must agree to these Terms of Use, and in so doing, have access to their personal information to correct, amend, or delete. If for some reason an individual no longer has the ability to sign in to a community to which they were a member, upon request, ALS Care Connection will grant individuals reasonable access to personal information that it holds about them, and will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
Though we make every effort to preserve user privacy, we may need to disclose personal and other information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our web site. You acknowledge and agree that ALS Care Connection and its Program Providers may disclose any personal or other information that you provide in connection with the Service if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that such information violates the rights of third parties; (d) protect the rights, property or personal safety of ALS Care Connection, its Program Providers, their respective employees, or any members or coordinators or the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in these Terms of Use. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
Use of Materials Limitations
All materials contained in the web site or used in connection with the Service are the copyrighted property of ALS Care Connection, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to ALS Care Connection, or its subsidiaries or affiliated companies and/or third-party licensors.
Unless otherwise specified, the materials and services on this web site or used in connection with the Service are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the web site without the written permission from ALS Care Connection.
No Unlawful or Prohibited Use
You agree to comply with all applicable laws and regulations regarding your use of the Service, including without limitation your provision of services to or receipt of services from others in connection with the Service and your posting of information to or receipt of information from or in connection with the Service.
As a condition of your use of the Service, you will not use the Service or the web site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services or the web site in any manner that could damage, disable, overburden, or impair any ALS Care Connection servers, or the network(s) connected to any ALS Care Connection servers, or interfere with any other party’s use and enjoyment of the web site. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any ALS Care Connection servers or to the web site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the web site.
Use of the Service and the Web Site
The web site provides its users (called “members”) access to open and private communities, created by coordinators, and designed to provide for communication amongst the members of the community. The web site may contain email services, communities, calendars, news groups, forums, and/or other message or communication facilities designed to enable you to communicate with others within your community (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
Always use caution when giving out any personally identifiable information about yourself or others in any Communication Services. ALS Care Connection does not control or endorse the content, messages or information found in any Communication Services and, therefore, ALS Care Connection specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Coordinators and members are not authorized ALS Care Connection spokespersons, and their views do not necessarily reflect those of ALS Care Connection.
In consideration of your use of the Service, you agree that all information that you upload, post, email, transmit or otherwise make available via the Service: (a) will not be fraudulent; (b) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) will not violate any law, statute, ordinance or regulation; (d) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) will not be obscene or contain, pornography, or photographs of unclothed person(s); (f) will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) will not link directly or indirectly to any materials to which you do not have a right to link to or include.
You, and not ALS Care Connection or any Program Provider, are entirely responsible for all information that you upload, post, email, transmit or otherwise make available via the Service. We do not control your information or the information of or posted by other members and do not guarantee the accuracy, integrity or quality of your information or the information of or posted by other members. Nor do we endorse any opinions expressed by you or other members. You understand that by using the Service, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, your information or information of or posted by other members. You agree that under no circumstances will ALS Care Connection, any of its Program Partners, or any of their respective directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or third-party partners (collectively referred to as the “Covered Parties”) be liable in any way for any information, including, but not limited to, for any errors or omissions in your information or the information of or posted by other members, or for any loss or damage of any kind incurred as a result of the use of your information or information of or posted by other members posted, emailed, transmitted or otherwise made available in connection with the Service, or for any failure to correct or remove information.
We have the right, in our sole discretion, to suspend or terminate your use of the Service and refuse any and all current or future use of all or any portion of the Service.
Spam Email and Postings
You agree that ALS Care Connection would be irreparably harmed by the use, by you or others, of the web site or facilities in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms of Use, and that ALS Care Connection is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). ALS Care Connection reserves the right to block, filter or delete unsolicited email.
Connections with Others
Through the Service, we provide tools that enable our members to arrange to provide services to or receive services from others, and such service may involve direct physical meeting or interaction at your home, the home of another member or other location. We do not supervise any of these services or any locations at which services may be provided, and we are not involved in any way with the actions of any members who provide or receive services or meet in connection with such services. As a result, we have no control over the identity or actions of the members who provide or receive services or meet in connection with such services, and we request that our members exercise caution and good judgment when providing or receiving services or meeting with others in connection with such services.
Because we do not supervise or control any of the services provided or received by members or any of the locations at which services may be provided, or any meetings or interactions among or between members and other persons, and because we have very limited control, if any, over the information that members upload, post, email, transmit or otherwise make available via the Service, you agree that you bear all risk and full responsibility for, and you agree to release us and all other Covered Parties from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with, your use of the Service, your provision or receipt of any services in connection with the Service or any meetings or interactions among or between members and other persons in connection with the Service. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Indemnity
You agree to indemnify, defend and hold ALS Care Connection and all other covered Persons harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service or the web site, including any services that you perform or receive in connection with the Service, any information that you upload, post, email, transmit or otherwise make available via the Service, your violation of these Terms of Use, or your violation of any rights of another.
Advertisements and Promotions
ALS Care Connection may run advertisements and promotions from third parties on the web site. The manner, mode and extent of advertising by ALS Care Connection is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ALS Care Connection found on or through the web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. ALS Care Connection is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-ALS Care Connection advertisers on the web site.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. ALS Care Connection AND ALL OTHER COVERED ENTITIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ALS Care Connection AND ALL OTHER COVERED ENTITIES DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICE, AND ANY WARRANTIES FOR ANY SERVICES, INFORMATION, ADVICE OBTAINED THROUGH THE SERVICE.
Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL ALS Care Connection OR ANY OTHER COVERED PARTY BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGES OF ANY KIND (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING IN ANY WAY FROM THE SERVICE OR THE INABILITY TO USE THE SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE), YOUR USE OF THE SERVICE, YOUR PERFORMANCE OR RECEIPT OF VOLUNTEER OR OTHER SERVICES IN CONNECTION WITH THE SERVICE, ANY MEETING OR INTERACTION AMONG OR BETWEEN MEMBERS OR OTHER PERSONS IN CONNECTION WITH THE SERVICE, AND THE ACTIONS OF MEMBERS OR OTHER PERSONS IN CONNECTION WITH THE SERVICE.
THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR ANY MATTER RELATED TO THE SERVICE SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICE OR ANY MATTER RELATED TO THE WEB SITE.
Changes to the Service
ALS Care Connection MAY MAKE CHANGES TO THE SERVICE, SERVICES ON THE WEB SITE, INFORMATION, SOFTWARE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEB SITE AT ANY TIME AND WITHOUT NOTICE.
Third Party Links
THE WEB SITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF ALS Care Connection OR ANY OTHER COVERED PARTY AND ALS Care Connection AND THE COVERED PARTIES ARE NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ALS Care Connection IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT ALS Care Connection OR ANY COVERED PARTY ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.
Dispute Resolution
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to these Terms of Use or any matter relating in any way to your use of the Service. In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. “JAMS”), or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. Nonetheless, legal action taken by ALS Care Connection to recover damages for, or obtain an injunction relating to, our website operations, intellectual property or our Web Service, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by ALS Care Connection. In addition, either you or ALS Care Connection may seek any interim or preliminary relief from a Court of competent jurisdiction in Massachusetts necessary to protect the rights or property of you or ALS Care Connection pending the completion of arbitration. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The arbitration will be conducted in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs. The provisions of this paragraph may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.
Additional Terms
Except as otherwise stated in these Terms of Use or as expressly required by local law, any notice to us shall be given by certified postal mail to ALS Care Connection, Inc., Attn: President, 34 Washington Street, Suite 310, Wellesley Hills, Massachusetts 02481, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
These Terms of Use constitutes the entire agreement between you and ALS Care Connection, superseding any prior agreements between you and ALS Care Connection. To the extent that you have previously registered with ALS Care Connection, this Agreement now governs how ALS Care Connection may use your information, whether provided in the past or the future.
These Terms of Use and the relationship between you and ALS Care Connection shall be governed by the laws of The Commonwealth of Massachusetts without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents, and you and ALS Care Connection agree to submit to the personal and exclusive jurisdiction of the courts located within The Commonwealth of Massachusetts.
You agree that these Terms of Use, all rights herein, and all incorporated agreements may be automatically assigned by ALS Care Connection, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of ALS Care Connection’ assets, or similar transaction.
ALS Care Connection’ failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, you and ALS Care Connection nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these terms of Use will remain in full force and effect.
You and ALS Care Connection each agree that regardless of any statute or law to the contrary, and except for any breach by you of any proprietary rights of ALS Care Connection, any claim or cause of action arising out of or related to these Terms of Use or your use of the Web Service must be filed within one (1) year after the claim or cause of action arose or be forever barred.