Last Updated: November 11, 2024

This Terms of Use Agreement (the “Agreement”) is a legal agreement between you and the nccPA Health Foundation (“the Foundation,” “we” or “us”) governing your use of the Foundation’s website (www.nccpahealthfoundation.net), including any mobile version, portal, interface, or application in connection with such website (collectively, the “Website”). By using or accessing the Website or using the services and/or resources available or enabled via the Website, you agree to be legally bound by this Agreement.

Other Policies and Terms

Updates to this Agreement

Authorized Use

Intellectual Property Rights

User-Submitted Information

Changes to the Website

Third-Party Content

Links to Third-Party Websites

Social Media Pages

Notice of Copyright Infringement

Termination

Child Privacy

Disclaimer of Medical Advice

Disclaimer of Warranty

Limitation of Liability

Indemnity

Consent to Communication

Effect of Invalidity

International Users

Choice of Law

Waivers

Contact

This Agreement applies exclusively to your access to, and use of, the Website and does not alter in any way the terms or conditions of any other agreement you may have with the Foundation. Additional policies and terms may apply to use of all or portions of the Website and are incorporated by reference into this Agreement. Please refer to and review all additional specific terms and conditions as applicable, including the Foundation’s Privacy Policy.

We may revise or otherwise change or update this Agreement. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. Changes will become effective immediately after they are posted. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to this Agreement as modified, then you must discontinue your use of the Website. Your continued use of the Website will signify your continued agreement to this Agreement as it may be revised from time to time.

While using the Website, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Website for any fraudulent or unlawful purpose and you may not take any action to interfere with the Website or any other user’s use of the Website. In addition, we expect users of the Website to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:

• Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
• Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;
• Reproduce, duplicate, or copy any portion of the Website, except as authorized by this Agreement;
• Sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website without the prior written consent of the Foundation;
• Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;
• Violate or attempt to violate the security of the Website;
• Disseminate on the Website any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
• Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website or to collect any information from the Website or any other user of the Website; or
• Assist or permit any persons in engaging in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Website.

All content (“Content”) available through the Website is protected by copyrights, trademarks or other proprietary rights and laws. Except as set forth herein or otherwise agreed in writing by the Foundation or other rights owner(s), the use of any Content available on the Website is strictly prohibited.  You may use Content purposely made available by us for public use, provided that you (a) keep intact all copyright and other proprietary notices, (b) use such Content pursuant to any associated licenses, (c) do not sell, resell, or otherwise exploit for any commercial purposes any portion of such Content, (d) make no modifications to the Content, and (e) do not make any additional representations or warranties relating to the Content on behalf of the Foundation.

Any rights not expressly granted herein are reserved.

You are responsible for any Content you transmit through our Website. You agree, represent and warrant that any Content you transmit through our Website or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post or otherwise make available on or through the Website any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from such a submission.

We may make improvements and/or changes to the Website, add new features, or terminate the Website at any time without notice. We also: (a) reserve the right (but have no obligation) to change the Content or other offerings on the Website, at any time and from time to time without any notice or liability to you or any other person; and (b) do not warrant that information on the Website is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Any information, statements, opinions or other Content provided by third parties and made available on our Website are those of the respective author(s) and not the Foundation. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any information, statement, opinion or other Content on our Website other than from an authorized Foundation representative acting in their official capacity. Under no circumstance will the Foundation be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.

The Foundation may provide on the Website, solely as a convenience to users, links to websites operated by third parties. If you use these links, you will leave our Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Foundation does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Foundation is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of the Foundation.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

The Foundation may maintain a presence on social media websites, including, but not limited to: Facebook, YouTube, LinkedIn, Instagram, and X (formerly Twitter) (collectively, “Social Media Pages”), to provide a place for people to learn more about the Foundation and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of the Foundation. All visitors to our Social Media Pages must comply with the respective social media website’s Terms of Use. The Foundation may review postings to our Social Media Pages, and may remove postings that we determine are inappropriate or offensive.

If you believe that any Content on the Website infringes upon any copyright which you own or control, you may send a written notification, containing the information required under 17 U.S.C. §512(c)(3), to our Designated Copyright Agent as set forth below.  Please provide the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Designated Copyright Agent: Senior Manager of Corporate Policy and Compliance

Email: [email protected]

If any user of the Website is deemed to be a repeat copyright infringer, the Foundation will terminate such user’s license to use the Website.

The Website and this Agreement are in effect until terminated by the Foundation. In addition to any right or remedy that may be available to the Foundation under applicable law, the Foundation may suspend, limit or terminate all or a portion of your access to the Website or any of its features at any time with or without notice and with or without cause, including without limitation, if the Foundation believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.

You agree that if your use of the Website is terminated pursuant to this Agreement, you will not attempt to use the Website under any name, real or assumed. You further agree that if you violate this restriction after your use of the Website is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.

This Website is intended for use only by persons over the age of 18 and is not designed to be attractive to use by children. We do not seek to collect information about children under the age of 18, and we will not knowingly do so. If you are under the age of 18, please do not use or access the Website. By using the Website, you affirm that you are over the age of 18. If we are made aware that we have collected any Personal Information from children under the age of 18 and are asked to delete such information, we will promptly do so.

SOME OF THE CONTENT AVAILABLE ON THE WEBSITE MAY CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.

ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, USERS’ CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR USERS’ CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT.

TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE FOUNDATION AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITE, THE WEBSITE’S CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend and hold harmless the Foundation and its directors, officers, employees, agents and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Agreement; (b) your activities in connection with the Website; or (c) unsolicited information you provide to the Foundation through the Website.

When you use the Website or send emails to the Foundation, you are communicating with the Foundation electronically. You consent to receive electronically any communications related to your use of the Website. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Foundation intended for receipt by a user shall be deemed delivered and effective when sent to the email address you provide on the Website. Please note that by submitting information to us, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our authorized agents may contact you at that address or number in a manner consistent with this Agreement and our Privacy Policy.

In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of this Agreement shall remain effective.

The Website is controlled, operated and administered by the Foundation (or its licensees or agents) from its offices within the United States of America and is not intended to subject the Foundation to the laws or jurisdiction of any state, country or territory other than that of the United States. THE FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.

You agree that any dispute in connection with the Website, this Agreement or the Privacy Policy will be governed by the laws of the State of Georgia. You also consent to the adjudication of any disputes arising in connection with the Website in the state courts located in Fulton County, Georgia and the federal courts of the Northern District of Georgia.

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

If you have questions about this Agreement, or if you have technical questions about the operation of the Website, please contact us via email at [email protected].