Terms of Use
Effective Date: July 15, 2024
Thank you for visiting https://connect-and-thrive.com/ operated by Connect & Thrive, Inc. (“CAT”). CAT provides this website to help cancer patients understand their options and navigate the bridge between western medicine and holistic health by providing a system of support and information to help in their healthcare journey.
CAT (“We”, “Our”, or “Us”) maintains this website and any mobile applications or other online services where these Terms of Use are posted (collectively, the “Website”) as a service to: its visitors; its clients who utilize CAT’s KittyFund™ (“Clients”); and its providers who provide health informational services (“Providers”); (visitors, Clients, and Providers are collectively referred to as, the “Users” and individually as “User”). Unless explicitly stated otherwise, any new tools or applications that alter or improve the current Website will be included in the definition of “Website.”
This Terms of Use Agreement (the “Terms of Use”) is a legally binding agreement between each User and CAT regarding User’s access to and use of CAT’s Website and any use by User of the Fundraising or Provider Services (collectively the “Services”). These Terms are structured to facilitate User’s access and understanding of the terms relevant to User’s specific use of the Website. Please read these Terms of Use carefully.
By accessing the Website or Services, User acknowledges and agrees to be bound by these Terms of Use (“Terms”). These Terms apply to Website (and the Services, subject to any other agreement between User and CAT and such terms of use, legal notices or disclaimers applicable to specific portions of the Services accessed by User). There are no other parties to this agreement.
The Website and Services are intended for use by individuals 18 years of age or older and do not seek information from any person under the age of 18. By accessing the Website and Services, User acknowledges and warrants that User has the authority and is of legal age to be bound by this agreement. If User is under 18, User may use the Website and Services only with the prior permission of a parent or legal guardian who has read these Terms of Use and agrees to be bound by them.
The Services are not directed to persons who have access to the Website and Services via the Internet from locations outside the United States. CAT does not represent that any of the content on the Website or Services is appropriate for use or permitted by local laws in all jurisdictions. Use of the Website and Services is not permitted where prohibited by law. By accessing Our Website or Services, User acknowledges and warrants that use of the Website and Services is lawful and not prohibited by law. User acknowledges and warrants that User is not located in a region that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region. User further acknowledges and warrants that User is not listed on any U.S. Government list of prohibited or restricted parties. If User is prohibited from accessing websites, such as Our Website and Services, from User’s location, User should not access the Website and Services, and CAT takes no responsibility for such prohibited access.
Termination of Service
We reserve the right at Our sole discretion to immediately deny access to Our Website and Services for anyone who materially breaches any provisions of Our Terms of Use. User acknowledges and agrees that We may, without prior notice, immediately terminate, or limit User’s access to Our Website and Services, or suspend User’s access based on any of the following: (a) a breach of these Terms of Use; (b) upon request of law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which We believe is harmful to CAT, its Website, or Services. User acknowledges and agrees that termination, limitation of access and/or suspension will be made in Our sole discretion and that We shall not be liable to User or any third party for the termination, limitation of access and/or suspension of your account.
If User disagrees with any part of these Terms of Use, then User may not use Our Website or access Our Services.
Access to the Website
User may access portions of the Website without registering. However, in order to access some portions of the Website and Services, User will be required to register and sign into the Website.
Modifications to Terms
We may, in Our sole discretion, change the terms of this agreement at any time and for any reason. We will post notice of such changes by posting an “updated” date of these Terms of Use. If User does not agree to these changes, User’s only recourse will be to cease using Our Website and Services. User’s continued use of Our Website or Services after the notice has been posted, will serve as User’s agreement to the new Terms of Use as modified. We shall not be liable to User or any third party for exercising Our right to modify these Terms of Use. Check Our Terms of Use Policy regularly to note the most updated terms and conditions.
Corrections
We retain the right to modify Our Services, correct any errors, inaccuracies, or omissions made on the Website at any time and without prior notice.
Term
The term of this agreement begins when User accesses Our Website or signs up to use Our Services and will continue for as long as User accesses or uses Our Website or Services.
Acknowledgment of Ownership
User acknowledges that Connect & Thrive, its licensors, and content and service providers own all rights, title, and interest including without limitation all Intellectual Property Rights (as set forth below), regarding the use of Our Website and/or Services. “Intellectual Property Rights” means all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. User agrees to not remove, obscure, or alter Our copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or through the use of Our Website and/or Services.
*Copyright: User agrees that Our Website as well as all content included in Our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, contain proprietary information, and material that is the property of Us or Our content supplies and are protected by national and international copyright laws. The compilation of all content on the Website is the exclusive property of Connect & Thrive, with copyright authorship for this collection by Connect & Thrive and is protected by U.S. and international copyright laws.
*Trademark: Connect & Thive’s trademarks and trade dress may not be used in connection with any product or service that is not Ours, in any manner that is likely to cause confusion, among customers, or in any manner that disparages or discredits Our company or Services. You may not use Our name or logo, or other proprietary graphic or trademark without express written permission.
All other trademarks not owned by Us or Our subsidiaries that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us or Our subsidiaries.
Nothing contained in Our Services and/or Website should be construed as granting User any license or right to use any trademark without prior written permission from Us.
*Patents, trade secrets and other proprietary business information: The manner in which Our Services and/or Website works, any related patents, trade secrets or other proprietary business information are the intellectual property of Connect & Thrive. Nothing contained in the Services and/or Website should be construed as granting User any license or right to use any patents, trade secrets, or other proprietary business information without the prior written permission of Connect & Thrive.
All intellectual property rights not expressly granted are reserved and protected by infringement by state and federal laws, and international legislation and treaties.
Limitation of Use
We hereby grant User a limited, revocable, non-exclusive, non-transferable license to use Our Website and Services. The use of Our Website and Services is for your personal use during the term of this agreement. User acknowledges that We retain all rights relating to the Website and Our Services not expressly granted herein. User will not or permit anyone else to:
*access the Website and/or Services if under the age of 18 years;
*share User login information with other users or entities;
*reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Website or Services;
*copy, reproduce, modify, translate, or create derivative works based on the Website or Services;
*rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Website or Services;
*use or launch any automated system, including without limitation robots, spiders, or offline readers, to access the Website or Services or any information therein;
*use the Website or Services to transmit any malware, Trojan horses, worms or viruses or any other destructive or malicious code;
*access another User’s account, circumvent standard access to Our Website or Services, or attempt to gain unauthorized access to Our Website or Services;
*use the Website or Services for the benefit of a competitor or intentionally harm or discredit Us or Our Services; or,
*take any action that imposes, or may impose an unreasonable or disproportionately large load on Our infrastructure.
Prohibited Use
User may not use Our Website or Services for any unlawful, fraudulent, unauthorized, or malicious purposes. In connection with your use of Our Website or Services User acknowledges and agrees that the following is expressly prohibited:
*accessing Our Website if you are under 18 years of age;
*entering data that violates the legal rights of others;
*entering data that is explicit, defamatory, obscene, racially, or ethnically offensive;
*sending altered or deceptive information or misrepresenting yourself, including “spoofing” or “phishing”;
*infringing the intellectual property right of others;
*violating any applicable law or regulation (including without limitation laws related to torts, contracts, export controls, patents, trademarks, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage others to do so;
*violating any terms and conditions of this agreement.
If User engages in any prohibited activity under this agreement, We may in Our sole discretion, in addition to any rights of law or equity, suspend or terminate User’s use of the Website or Services without notice or liability and remove all or part of your data from the Website or Services.
No Solicitation
The Website is offered to help Clients raise money. CAT provides the technology to allow Clients to connect with Donors. The existence of the Website is not a solicitation of donations by CAT, and CAT does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization.
Donor Responsibilities:
A Donor is a User who contributes a monetary Donation to a Client through the Service. A Donor will be required to provide information regarding the Donor’s credit card or other means of payment that will enable Our Third Party Payment Processor to collect the Donation. Please see the Payment and Payment Processor sections of this agreement for more information on how the Donation will be processed. Donor acknowledges and agrees that:
*All donations are made at Donor’s own risk.
*Donor will provide true, accurate, and complete information in regard to Donor’s identity and authority to use the applicable payment method. A third party may not use a Donor’s card information to enter a donation on behalf of Donor in violation of existing credit card usage agreements.
*Donor will not make a Donation that is erroneous, fraudulent, or unlawful.
*Donations made to a Client through the Service are categorized as a donation to a personal cause and not a charitable entity.
*Donations are made at Donor’s sole discretion and risk based on Donor’s independent evaluation and determination of the personal cause. All such donations are non-refundable by CAT.
*Donations via the Service must be made in U.S. dollars.
*Donations are limited by the available credit on Donor’s credit card or available account balance on Donor’s debit card or bank account. Donor is solely responsible for any finance charges, overdraft fees, or any additional or related fees imposed by Donor’s bank or card issuer if the Donation exceeds Donor’s available credit or account balance.
*CAT may establish or revise limits on the amount of money Donor can donate through the Service. Some of the limits may be required by law.
*CAT reserves the right in Our sole discretion to suspend or terminate the Service to Donor without notice and without cause. Without limiting the foregoing, We may suspend or terminate the service upon card expiration, insufficient funds, frozen accounts, rejection of a donation, violation of Our Terms of Use, or if a legal order directs Us to terminate or suspend the Service to Donor. Such rights are in addition to and not in lieu of any legal rights or remedies available to Us.
*CAT may contact law enforcement, banks, credit or debit card issuers and third party payment processors, if Donor does not comply with Our Terms, or Donor’s behavior suggests fraudulent or unlawful use of funds.
*CAT makes no representation or warranty as to whether all or any Donation is tax-deductible, including any transaction fees, are tax deductible or eligible for tax credits. CAT will have no liability for any claim by any federal, state, provincial, territorial, or any other tax authority with respect to the characterization on any applicable tax return of any Donation by Donor.
*Donor is solely responsible for any tax reporting and characterization of any Donation to a Client through the Service. Donor should consult a tax consultant regarding the tax implications of any Donation made through the Service.
Payment
CAT provides the Service free to Clients. CAT does not charge a platform fee for Donations made through the Service, but a Donor may leave a tip for CAT to support Our work. Each Donation is subject to Our Third Party Payment Processer, Stripe’s Terms of Use including a 2.9% plus $0.30 transaction fee for credit card processing.
Third Party Payment Processor – Stripe, Inc.
CAT uses Stripe, Inc. to collect and process Donations. By providing a Donation through the Service, Donor agrees to be bound by Stripe’s Terms of Service and consents to Our sharing of Donor’s information as necessary to enable Stripe to process payment. Stripe’s Terms of Service is available at https://stripe.com/legal/ssa and the information provided as necessary for processing will be governed by Stripe’s Privacy Policy available at https://stripe.com/privacy. It is Donor’s responsibility to review these policies before making a Donation through the Service and agreeing to them.
Donor further acknowledges and agrees that We do not control the technology or actions of Stripe, Inc. Stripe Inc. is a Third Party Provider as defined by these Terms.
User’s Privacy and Protection
To the extent necessary and for the purpose of providing Our Services to User, We may collect private or sensitive information from User. Our use and protection of this information is covered by Our Privacy Policy which includes precautions designed to protect this information including encryption, limited and secure user authentication, security monitoring, notification and prosecution of any breach. Our Privacy Policy will be treated as part of these Terms. Please review Our PRIVACY POLICY at https://connect-and-thrive.com/privacypolicy which governs your submission of personal information through Our Website and Services to understand Our practices.
Username and Password Responsibility
If User uses the Website and create an account to access Our Services, User may be asked to provide personally identifiable information such as your name, location, or Email address. (“Personal Information”). If User creates an account, User agrees to provide truthful and complete information and to maintain the accuracy of the information associated with User’s registration throughout the term of the agreement. User further warrants that User is over 18 years of age and has the authority to enter into this agreement.
User is responsible for maintaining the confidentiality of User’s account and password. User is responsible for all use of User’s account and for ensuring that access to and use of the account complies fully with these Terms. If User suspects their password has been compromised, User will need to promptly change it and notify Us if possible unauthorized access has occurred on User’s account. Notwithstanding any notification User provides to Us, User agrees to take responsibility for all actions taken under User’s account or password by User and any third parties including any abuse or unauthorized use.
We reserve the right in Our sole discretion to refuse Services, terminate accounts, and remove or edit content if there is a reasonable belief that the accuracy or security of User’s account has been compromised.
Your Content
User may as part of your use of the Services post information to share with other users (“Your Content”) or Providers. User is the owner of Your Content. However, User grants to Us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content as part of the Services.
*No Infringement: (a) User warrants that Your Content is an original work, or that User has obtained any and all licenses, assignments or consents necessary, including content, images, logos or other designs; (b)User warrants that no part of Your Content infringes upon or violates the rights of any person or entity, including, without limitation, any copyrights, trademarks or rights of privacy or publicity; and (c) User warrants that for any use of Your Content, User has not received any claim, or is not otherwise aware of any infringement or misappropriation of rights of any other person or entity regarding any content, logos or other designs.
User Content
User acknowledges and agrees that all Content, including that available via the Services, is the sole responsibility of the party from whom such Content originated. This means, User, and not CAT, is entirely responsible for the Content that User uploads, posts, Emails, transmits, or otherwise makes available through the Services, including but not limited to descriptions, texts, information, data, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services (“User Content”).
We have no obligation to review or monitor User Content. We do not approve, endorse, or make any representations or warranties with respect to User Content. Your use of User Content is entirely at your own discretion and risk. However, We retain the right to review, monitor, refuse, and remove any User Content which includes Your Content, at our sole discretion and without prior notice including whether the Content violates these Terms or any applicable law.
Some User Content is public, such as content Clients who utilize CAT’s KittyFund™ post publicly on the Website or User Content posted by Providers. Additionally, User profile information, including first and last name, public Email address, organization, personal biography, and other information entered in connection with your User profile may be displayed to other Users to facilitate User interaction within the Services.
Unless noted in Our Privacy Policy, We have no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
Third Party Providers
We use third parties to sell, deploy, configure and/or support Our Website and Services. By using Our Website and Services, User consents to Our sharing User’s information as necessary to enable third parties’ activities. Third party providers are subject to a separate privacy policy and terms of use. By using Our Website and Services, you indicate that you have reviewed the privacy policy and terms of use of Our third party service providers and agree to both.
User further acknowledges and agrees that We do not and cannot control any third party service provider’s technology or actions and are not responsible for any failure to load the Website, cessation or interruption of the Services, compatibility with the Services, or any disclosure, modification, or deletion of User’s data arising from any exchange of User’s data that may occur between Us or other third party providers as part of User’s use of the Website or Services.
External Websites and Links
The inclusion of a link to any other website or resources is for User’s convenience only. We have no control over the content of these outside websites and make no representation as to the accuracy, quality, suitability, functionality, or legality of these websites. User’s use of these websites is entirely at User’s own discretion and risk. External websites are subject to their own separate, specific terms and conditions of use and privacy policies. User acknowledges and agrees that We will not be held liable for any losses, damages, or claims arising from User’s use of these outside websites.
Product Partner Website and Coupon Codes
Through User’s use of Our Website and Services, User will have access to Our CAT Marketplace where We will provide links to the websites of Our Product Partners. These websites may provide products that User may find helpful in navigating their health journey. Clients will be able to utilize money in their KittyFund™ to purchase products on these Product Partner sites. As a benefit to Clients and Users, We may offer promotional discount codes which may be used at the time of purchase on products offered on the websites of Our Product Partners. There is no cash value to a promotional discount code. We reserve the right to provide or withdraw access to promotional discount codes or deactivate the codes at any time. Clients may also have the option to utilize money in their KittyFund™ to purchase gift cards or certificates that may be redeemed on the websites of Our Product Partners. Gift card or certificate purchases using the =KittyFund™ are non-refundable and solely at Client’s discretion and risk.
User’s visits to the websites of Our Product Partners are subject to the terms as listed in the External Websites and Links section of this agreement. Purchases made on Product Partners’ websites will be governed by those Product Partners’ websites’ separate terms and conditions. We do not endorse, make, or manufacture any product referenced on Our Product Partners’ websites, nor do We have any control over pricing, availability, quality, suitability, functionality, or legality of the products offered on their websites. User’s purchase of products on these Product Partner websites is entirely at User’s own risk. User acknowledges and agrees that We will not be held liable for any returns, damages, or claims arising from User’s purchases on these Product Partner sites.
Service Specific Terms
Users who participate in the Provider Services are subject to these additional Terms of Use which shall be incorporated into this agreement.
The Services are Platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. CAT facilitates the Fundraiser of the Organizers and permits Donors to make donations to these Fundraisers. CAT is not a broker, agent, financial institution, creditor, or nonprofit corporation.
Provider Services: CAT provides Users to its Website online access to Providers who may provide health educational information to Users who choose to participate in the Provider Services.
Medical Disclaimer for Provider Services: The Provider Services offered on the Website are for informational purposes only. No information presented on this Service and/or on the Website or in connection with any communications supported by the Website, including without limitation, real-time video or Email communications between Providers and Users should be construed as medical advice or an endorsement of any specific type of patient treatment. CAT does not provide care, diagnose, or deliver treatment and in no way intends to create a patient-provider relationship as defined by state or federal law through User’s use of its Website or Services. Provider Services is not a substitute for medical diagnosis or treatment. We are not providing health care services in any manner including diagnosing, treating, preventing, or curing any of User’s physical or emotional issues, diseases or conditions. Reliance on any information provided through the Website and Provider Services is solely at User’s own risk. This Service is not a replacement for a primary care physician/provider. User should continue or seek care with a primary care physician and not disregard or delay medical advice or medicine prescribed to them.
Providers are not employees of CAT and operate independently. Any health education, opinions, advice, or information expressed by a Provider or featured on the Service are of the Provider and the Provider alone. They do not reflect the opinions of CAT and We do not recommend or endorse any specific tests, physicians, holistic therapists, products, procedures, opinions, or other information that may be mentioned on Our Website or Service.
Limitation of Liability for User’s Participation in Provider Services: User acknowledges and agrees that CAT, its employees, managers, shareholders, directors, officers, attorneys, or agents are not responsible for any damage to User’s health or injuries User may suffer as a result of the use of the Provider Services or any information available thereon. User acknowledges and agrees that User is solely responsible for the actions and any use of the information obtained from Our Website or Provider Services.
Fundraising Services: CAT provides Users to its Website access to its Service to create a KittyFund™where patients/Clients can crowdfund to help pay for services offered by Providers and products offered by CAT’s Product Partners through links in the CAT Marketplace. Clients who register to use Fundraising Services and Donors who wish to contribute to Clients’ KittyFund™ are subject to additional Terms of Use found at https://connect-and-thrive.com/termsofuse .
Warranties and Disclaimers
We proudly strive to provide a Website that is useful and as accurate as possible. However, We make no representation, warranty, or condition that the Website or Services will meet User’s requirements or that the content of this Website is accurate, complete, reliable, current, or error-free. By using Our Website and Services, User implicitly acknowledges and agrees to the following disclaimers.
If User finds the Website or Services are not meeting User’s requirements, User’s sole and exclusive remedy is to stop using Our Website and Services.
No advice or information, whether oral or written, obtained from User’s use of the Website or Services will create a warranty not expressly made herein.
Warranties: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
OUR WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, USER’S USE OF OUR WEBSITES/AND OR SERVICES IS AT USER’S SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
WE ASSUME NO RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS OR THE CORRECTION THEREOF, (B) PERSONAL INJURY OR ANY OTHER DAMAGE OCCURRING FROM YOUR USE OF OUR WEBSITE, SERVICES OR PRODUCTS REFERENCED BY THE SERVICES,(C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVICES AND/OR ANY AND ALL PERSONAL/FINANCIAL INFORMATION STORED THEREIN, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH OR TO THE SERVICES BY A THIRD PARTY, (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITES. IF YOU FIND OUR WEBSITE/AND OR SERVICES ARE NOT AS DESCRIBED YOUR SOLE REMEDY IS TO CEASE USE.
WE WILL USE BEST EFFORTS TO ENSURE OUR WEBSITE AND SERVICES ARE DELIVERED AS EXPECTED. HOWEVER, WE WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURE IN DELIVERY OR PERFORMANCE OF ANY PART OF OUR WEBSITE OR SERVICES, FROM ANY CAUSE BEYOND OUR CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, SUPPLY ISSUES, PANDEMICS, CHANGES TO LAWS OR REGULATIONS, LOSS OF POWER, ACTS OF HACKERS OR THIRD PARTY INTERNET SERVICE PROVIDERS.
WE DO NOT WARRANT THAT OUR WEBSITE, OUR SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH USER’S USE OF OUR WEBSITE OR SERVICES IS ACCESSED AT USER’S OWN RISK AND USER SHALL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO USER OR USER’S PROPERTY INCLUDING, BUT NOT LIMITED TO USER’S MOBILE PHONE, COMPUTER SYSTEM, OR ANY DEVICE USED TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR ACCESSING SUCH CONTENT.
USER ACKNOWLEDGES AND AGREES THAT WE ARE NOT LIABLE, AND USER AGREES TO NOT HOLD US LIABLE FOR THE CONDUCT OF THIRD PARTIES INCLUDING THE OPERATORS OF EXTERNAL WEBSITES, THIRD PARTY SERVICE PROVIDERS, OR OTHER USERS OF THE WEBSITE OR SERVICES.
MEDICAL DISCLAIMER: USER ACKNOWLEDGES THAT OTHER USERS OF THE WEBSITE MAY POST MEDICAL INFORMATION AND RECOMMENDATIONS. ANY INFORMATION INCLUDING MEDICAL INFORMATION PROVIDED THROUGH OUR WEBSITE AND SERVICES IS FOR EDUCATIONAL INFORMATIONAL PURPOSES ONLY. WE ARE NOT CREATING A PATIENT-PROVIDER RELATIONSHIP AND ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR SERVICES IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. WE ARE NOT PROVIDING HEALTHCARE SERVICES IN ANY MANNER INCLUDING DIAGNOSING, TREATING, PREVENTING, OR CURING CANCER OR ANY OF USER’S PHYSICAL OR EMOTIONAL ISSUES, DISEASES OR CONDITIONS. USER ACKNOWLEDGES AND AGREES THAT RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE WEBSITE AND SERVICES IS SOLELY AT USER’S OWN DISCRETION AND RISK. USER SHOULD SEEK OR MAINTAIN A RELATIONSHIP WITH A PRIMARY CARE PHYSICIAN AS THIS SERVICE IS NOT A SUBSTITUTE FOR CARE THAT A PRIMARY CARE PHYSICIAN CAN PROVIDE.
WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE INFORMATION OR THE PRODUCTS REFERENCED OR GIVEN BY USERS OF THE WEBSITE OR SERVICES. USER’S RELIANCE ON INFORMATION PROVIDED BY OTHER USERS IS ENTIRELY AT USER’S OWN DISCRETION AND RISK. USER AGREES THAT WE ARE NOT LIABLE AND USER AGREES TO NOT SEEK TO HOLD US LIABLE FOR RELIANCE ON INFORMATION PROVIDED BY OTHER USERS.
WE DO NOT MAKE OR MANUFACTURE ANY PRODUCT REFERENCED ON THE WEBSITE. USER ACKNOWLEDGES AND AGREES THAT WE ARE NOT LIABLE FOR THE QUALITY OR SAFETY OF SUCH PRODUCTS AND YOU AGREE TO NOT SEEK TO HOLD US LIABLE, FOR ANY INJURY OR DAMAGES RESULTING FROM PRODUCTS REFERENCED ON THE WEBSITE.
Limitation Of Liability and Release of Claims
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
User hereby releases CAT from any and all claims; including, without limitation, those related to personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if We are expressly advised of the possibility of such damages or difficulties.
USER AGREES NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NEW JERSERY consumers only: the above limitations of liability and waiver of claims may not apply to you, if your use of this Website or Services is solely for PERSONAL use.
Indemnification
User agrees to defend, indemnify, protect, and hold Us harmless, including Our subsidiaries, affiliates, and all Our respective officers, agents, partners, and employees from and against any and all losses, damages, liabilities, claims, demands, costs, investigations, judgments, fines, penalties, settlements, interest and expenses including reasonable investigators’, attorneys’, and consultants’ fees made by any third party caused by, relating to, arising out of or in connection with, or due to:
*User’s use of Our Website and/or Services;
*User’s breach or alleged breach of these Terms of Use;
*any breach or alleged breach of your representations and warranties set forth in these Terms of Use
*User’s violation or alleged violation of any laws or regulations;
*User’s violation or alleged violation of the rights of a third party, including but not limited to intellectual property rights;
*any overt harmful act toward any other user of the app with whom you connected while using the Website and/or Services.
Notwithstanding the foregoing, We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which User is required to indemnify Us, and User agrees to fully cooperate, at your expense, with Our defense of such claims. User agrees that the provisions in this section will survive the termination of your account, the agreement, or access to Our Services. We will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
No Class Actions
USER AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both User and CAT agree otherwise, a court, judge, or arbitrator, as may be applicable, may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Dispute Resolution Clause: Mediation
In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use or the breach thereof, you agree to first attempt to resolve the matter through mediation. You or We may initiate mediation by providing written notice to the other party, detailing the nature of the dispute and a request to engage in mediation. You and We shall agree on a neutral mediator within 30 days of the mediation notice. You and We cannot agree, a mediator shall be appointed by a JAMS neutral. The mediation shall be conducted virtually. The mediation session must take place within 60 days from the date the mediator is appointed, unless otherwise agreed by You and Us. All discussions, communications, and negotiations made during the mediation process are confidential and shall not be disclosed to any third parties or used in any subsequent legal proceedings without the prior written consent of both parties. You and We shall bear Our own respective costs related to the mediation, including attorney’s fees, and shall share equally the mediator’s fees and any other common costs of the mediation. You and We agree to participate in the mediation process in good faith and to make a genuine effort to resolve the dispute amicably. If the dispute is not resolved through mediation within 90 days of the initial mediation notice, either You or We may pursue any other available legal or equitable remedies, including arbitration or litigation.
By using this Website, You agree to submit any dispute, controversy, or claim arising out of or relating to these Terms of Use to mediation before pursuing other legal remedies. In any event, all claims, giving rise to mediation must be raised within one year of when You knew or should have known of the cause giving rise to such claim.
Electronic Communications
By using Our Services, User consents to receiving electronic communications from Us. These communications may include without limitation invoices, reports of security violations, changes to fees, termination or suspension of Services, and other information regarding Our Services or its third party partners. User may also send electronic communication to Us using the Email address specified in this agreement.
Both parties further agree that any notices, agreements, disclosures or other communications that either party sends electronically will satisfy any legal communication requirements including that such communications be in writing provided that any communication to User is sent to the Email address provided when you signed up for your account and that any communication sent to Us is sent to the Email address specified in this agreement.
Jurisdiction
This contract shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts. User consents and agrees, without regard to principles of conflict of laws, all legal proceedings relating to the subject matter of this agreement shall be adjudicated within the state courts or U.S. federal court located within the Commonwealth of Massachusetts and that jurisdiction and venue shall be exclusively within these courts.
Entire Agreement
This agreement, together with policies incorporated, represents the entire agreement of the parties concerning the subject matter thereof and is intended to be the final expression of the parties’ agreement and intent. This agreement supersedes all prior and contemporaneous agreements whether written or oral. The parties agree that any terms or conditions stated or referenced to in other documents that contradict this agreement are null and void.
Severability
If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect. The parties expressly agree that this agreement shall not be construed against either party as the drafter of the agreement.
Contact Information
Please contact Us with any inquiries regarding Our policies.
By Email at: [email protected]
By mail at: Connect & Thrive, Inc., 105 Pleasant Street, #3, Arlington, MA 02476