Cholangiocarcinoma Foundation Terms and Conditions for App

Terms and Conditions
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General Information. Use of the application (“App”) and the associated services are governed by the following Terms and Conditions that constitute an agreement (“Agreement”) between you and the Cholangiocarcinoma Foundation. By visiting or interacting with the App, available on the iTunes App Store and related markets, you agree to be bound by the terms of this Agreement. You acknowledge and agree that you may stop using the App at any time.

1. Purpose

The purpose of the App is to provide patients and caregivers the ability to track relevant health-related information related to their cholangiocarcinoma diagnosis and treatment. The App also provides patients with the latest news and research about cholangiocarcinoma.

2. Description of Service

You understand and agree that the App is provided "AS-IS" and that the Cholangiocarcinoma Foundation assumes no responsibility for all uses of the App. You acknowledge and agree that the form and nature of the App which the Cholangiocarcinoma Foundation provides may change from time to time without prior notice to you. By using this App, you acknowledge that the Cholangiocarcinoma Foundation does not control in any manner the nature, quality, or accuracy of user-generated content, such as data saved and interpretations made.

3. Eligibility
You may register and use the App if you (i) are at least eighteen (18) years old; or (ii) possess legal parental or guardian consent; and (iii) are fully able and competent to enter into the Terms and Conditions set forth and are otherwise capable of forming legally binding agreements under applicable law; and (iv) agree to be bound by these Terms and Conditions. If you are not competent to form legally binding agreements, you may not use the App.

4. Professional Medical Advice
Any information published by the Cholangiocarcinoma Foundation, including text, graphics, images, symptoms, treatments, dosages, advice, and other information, is for informational, research and educational purposes only. It is not a substitute for professional medical advice or treatment. It is not intended to be used to diagnose, cure, treat, or prevent any condition or disease.

If you think you may have a medical emergency, call your doctor or 911 immediately. The Cholangiocarcinoma Foundation does not recommend or endorse any specific course of action, tests, resources, physicians, products, procedures, drugs, opinions, or other information that may be mentioned in relation to the App, as reviewed in the App Store. Reliance on any information provided by the App, on data compiled on the App, is solely at your own risk.

5. Code of Conduct and Lawful Use of the App
You understand that you are entirely responsible for all information or other content that you upload, post, email, or otherwise transmit, whether publicly posted or privately transmitted. You agree not to post or upload anything to the App Store page that is inaccurate, false or misleading; is obscene, abusive or indecent; or that infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of any party. You also agree to not impersonate another person or medical profession; to not harass, threaten or stalk another participant, including the use of expressions of bigotry, racism, hatred, or profanity; and to not use the App to conduct any illegal activity or any activity that violates the rights of others, provides instructional information about illegal activities, or promotes harm to anyone.

6. Privacy
Any personal information that is collected from you using the App is subject to our Privacy Policy.

7. Changes and Limits to Service
The Cholangiocarcinoma Foundation reserves the right to modify the App (or any part thereof) with or without notice.  You agree that the Cholangiocarcinoma Foundation has no responsibility or liability for any deletion or failure to store any data or other content maintained or transmitted by the App. You also agree that the Cholangiocarcinoma Foundation reserves the right to change these limits at any time. 

8. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP AND SERVICES AVAILABLE ARE PROVIDED ON AN "AS IS" BASIS. THE CHOLANGIOCARCINOMA FOUNDATION EXPRESSLY DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (2) THE CHOLANGIOCARCINOMA FOUNDATION DOES NOT WARRANT THAT (a) THE APP WILL MEET YOUR REQUIREMENTS; (b) THE APP WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE DATA RECORDED THROUGH THE APP WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS OR DEFECTS IN THE APP WILL BE CORRECTED. (3) ANY INFORMATION OR CONCLUSIONS DRAWN OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY USE OF THAT DATA. (4) THE CONCLUSIONS AND INFORMATION DRAWN BY YOU ARE NOT IN ANY WAY APPROVED OR ENDORSED BY THE CHOLANGIOCARCINOMA FOUNDATION, AND YOU USE SUCH INFORMATION AT YOUR OWN RISK. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.  THE CHOLANGIOCARCINOMA FOUNDATION DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION WITH THIS APP AND, THEREFORE, THE CHOLANGIOCARCINOMA FOUNDATION SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM USE OF THE APP.

9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CHOLANGIOCARCINOMA FOUNDATION, ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, OFFICERS,LICENSORS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE CHOLANGIOCARCINOMA FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE APP; (b) ANY ACTION YOU TAKE BASED ON THE CONCLUSIONS YOU DRAW BY USING THE APP, (c) YOUR FAILURE TO KEEP YOUR DATA SECURE AND CONFIDENTIAL, (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; or (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.

IN ALL EVENTS, THE CHOLANGIOCARCINOMA FOUNDATION’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE CONDITIONS AND/OR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (A) $50.00, OR (B) THE AMOUNT YOU PAID TO ACCESS THE SITE DURING THE THREE (3) MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY.

SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATION ON LIABILITY MAY NOT APPLY TO YOU. IN SUCH CASES, THE CHOLANGIOCARCINOMA FOUNDATION ‘S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification
You agree to indemnify and hold harmless the Cholangiocarcinoma Foundation, its officers, employees, agents, subsidiaries, partners, and affiliates, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

11. Notice
Notices to users may be made when updating your app through the relevant App Store. The Cholangiocarcinoma Foundation may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on their Website, www.cholangiocarcinoma.org.

12. Modifications to this Agreement
The Cholangiocarcinoma Foundation reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the App after the date on which this Agreement has changed, the Cholangiocarcinoma Foundation will treat your use as acceptance of the updated Agreement. 

13. General Legal Terms
The Terms and Conditions constitutes the entire Agreement between you and the Cholangiocarcinoma Foundation and governs your use of the App, superseding any prior agreements between you and the Cholangiocarcinoma Foundation. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. This Agreement shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. All disputes arising under, or in any way connected with membership in or use of the App, shall be litigated exclusively in the state courts residing in the State of Utah, and in no other court or jurisdiction. You and the Cholangiocarcinoma Foundation agree to submit to the personal and exclusive jurisdiction of the courts located within Utah. 

The Cholangiocarcinoma Foundation and other related logos and product and service names are trademarks of the Cholangiocarcinoma Foundation. Unless you have agreed otherwise in writing with the Cholangiocarcinoma Foundation, nothing in this Agreement gives you a right to use or display any of these trademarks in any manner.

The Cholangiocarcinoma Foundation may assign this Agreement at any time. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this Agreement, contact the Cholangiocarcinoma Foundation at: info@cholangiocarcinoma.org.