Terms of Use

Updated: November 1, 2020

1. Terms

These Terms of Use (“Terms”) govern your use of the Advance Care Alliance (the “Company,” “we,” or “us”) website, acany.org.com (the “Site”).  The Company provides the Site. “You” refers to you as a user of the Site. By accessing this website, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. This Site Does Not Provide Advice or Create a Client Relationship

The contents of the Site, such as data, text, graphics, images, and other materials created by the Company, obtained from our licensors or uploaded by our users, and other materials contained on the Site (collectively, “Content”) are for informational purposes only.  The Content is not intended to be a substitute for professional advice, diagnosis, or treatment.  Reliance on any information provided by the Company, our employees, others appearing on the Site at the invitation of the Company, or other visitors to the Site is solely at your own risk.

Your use of the Site or the Content does not result in a client, patient or other relationship between you and the Company. Unless and until a separate engagement agreement is executed between you and the Company, no consulting or other arrangement exists.

3. Eligibility

You must be at least 18 years old to use the Site. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site with permission from your parent or legal guardian.

4. Acceptable Use

You are responsible for your use of the Site. Our goal is to create a positive, useful, and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.  When you use the Site, you may not:

  • violate any law or regulation;
  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • stalk, harass, or harm another individual;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • use any means to scrape or crawl any Web pages contained in the Site;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

5. Use License

  1. Permission is granted to temporarily download one copy of the materials
    (information or software) on ACA NY website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on ACA NY’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by ACA NY at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

6. User Content

The Site may allow you to upload, submit, store, send, or receive your Content and data.  You retain ownership of any intellectual property rights that you hold in your Content.  In other words, you own your personal data. Except to the extent your Content constitutes personally identifiable information subject to our Privacy Policy, when you upload, submit, store, send, or receive your Content to or through the Site, you give us permission to reproduce and use your Content as follows:  you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that your Content works better with the Site), publicly perform, publicly display, and distribute your Content.  This license is for the limited purpose of operating, promoting, and improving the Site.  Our license to your Content is non-exclusive, meaning you may use your Content for your own purposes or let others use your Content for their purposes.  This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your Content.  We may exercise our rights under this license anywhere in the world.  Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site.  In general, however, we will only need to use your Content for as long as you choose to store it with us using the Site.

You promise that:

  • you own all rights to your Content or, alternatively, that you have the right to give us the rights described above; and
  • your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Content for any reason.  We may remove Content from the Site for any reason.

7. Ownership

Other than your Content, we own or license all right, title, and interest in and to (a) the Site, including all software, text, media, and other Content available on the Site; and (b) our trademarks, logos, and brand elements (“Marks”).  The Site, our Content, and Marks are all protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from the Company.

8. Privacy

Your privacy is very important to us.  Our Privacy Policy which can be found here and is incorporated by reference into these Terms, explains how we collect, use, protect, and when we share personal information and other data with others online.  In addition to our Privacy Policy, you may access our Notice of Privacy Practices which can be found here to learn more about how we collect, use, and share protected health information in compliance with the Health Insurance Portability and Accountability Act (“HIPAA”).

9. Disclaimers and Limitations of Liability

YOU USE THE SITE AT YOUR OWN RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, LINKS, OR COMMUNICATIONS AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEBSITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE.  OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF OUR COMPANY AND ITS AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO TEN DOLLARS ($10).  IN ALL CASES, OUR COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

10. Indemnification

You agree to defend, indemnify and hold harmless the Company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, your use of the Site or any actual or alleged breach of these Terms by you or anyone using your account.  If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

11. Arbitration Agreement & Waiver of Certain Rights

These Terms and your use of the Site shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms will be resolved exclusively by final and binding arbitration in New York, NY under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of  competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in New York, NY, for any action related to these Terms. You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. No waiver by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

This arbitration agreement does not preclude you or Company from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. In addition, you and Company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

12. Links

The Site may contain links to other website and online resources. ACA NY is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ACA NY of the site or that we are affiliated with it. Use of any such linked website is at the user’s own risk. We are not responsible or liable for any damage or loss related to the use of any third-party website.  You should always read the terms and conditions and privacy policy of a third-party website before using it.

13. Site Terms of Use Modifications

ACA NY may revise these Terms for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms.

14. Termination

We reserve the right to not provide the Site to any person.  We also reserve the right to terminate any user’s right to access the Site at any time, in our discretion.  If you violate any of these Terms, your permission to use the Site automatically terminates.

15. Governing Law

Any claim relating to ACA NY’s website shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

Please print a copy of these Terms for you records and PLEASE check the Site frequently for any changes to these Terms.