Use Agreement for Cure4Kids
Copyright and Proprietary Rights
The Cure4Kids web site has been developed by the Department of Global Pediatric Medicine and is the property of ST. JUDE and is protected by United States and international copyright laws. All copyright, trademark, and other proprietary rights to the web site and the information, documents, products, services, logos, graphics, software, design elements, sounds, images and all other materials originated or used by ST. JUDE at this site are reserved to ST. JUDE and its authorized licensees.
Other than printing out or downloading portions of the text and images for your own personal, non-commercial use, you may not copy, reproduce, distribute, upload, download, display, transmit, or exploit in any way any part of the Cure4Kids information or information accessed at other sites through links made at the web site or use such content to construct any kind of database.
You may not modify the web site, or any material residing on the site without express written permission of ST. JUDE and you shall observe copyright and other restrictions imposed by this and other sites. You may not use this web site in any manner that infringes upon the rights of any person or entity.
Legal Notice and Disclaimer
For Individuals Using The Site For Their Own Purposes:
The information on the Site, including but not limited to any Content, is for informational and educational purposes only, and is not intended as a substitute for medical professional help, advice, diagnosis or treatment.
This information is not intended as medical advice and should not be used for, nor is it intended to constitute, a medical diagnosis or treatment. Information on the Site is not provided in the course of a professional relationship between a healthcare provider and a patient and is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional.
You always should seek the advice of your physician or another competent medical professional to address any questions or concerns you may have regarding your medical care. If you think you may have a medical emergency, please call or see your doctor, or call 911, immediately and without delay. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
For Medical Professionals Using The Site:
The information on the Site, including but not limited to any Content, is for informational and educational purposes only. Although the Site uses reasonable efforts to ensure that the information provided is current, complete and, where appropriate, based on scientific evidence, the Site makes no assurances as to whether the provided information will at all times be current and does not intend to provide medical advice or reflect the best medical practice for any specific circumstance.
You therefore should not substitute information contained on the Site for your own professional judgment, nor should you rely on information provided on the Site in rendering a diagnosis or choosing a course of treatment for a particular individual.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF NON-INFRINGEMENT OR TITLE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES. BY ACCESSING THE SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE AND ANY PRODUCT OR SERVICE DESCRIBED HEREIN.
Without limiting the foregoing, St. Jude Children's Research Hospital makes no representations regarding, and does not warrant, the accuracy, completeness, timeliness, or usefulness of the opinions and other information provided through the Site or on the World Wide Web generally.
In the course of using the Site, you may be referred, linked, or otherwise directed to outside resources, including content, services, events, and products provided by others. It is our mission to empower you by making these resources available to you; however, we have no control over such outside resources and St. Jude Children's Research Hospital makes no guarantees about the quality, accuracy, relevance, timeliness, or completeness of any such outside resources.
St. Jude Children's Research Hospital makes no representations or warranties regarding its own or any third party's compliance with any government regulations requiring disclosure of information about prescription drug products or the approval or compliance of any software tools with regard to the Content provided on the Site. St. Jude Children's Research Hospital, its licensors, and its suppliers have no control over and accept no responsibility for compliance with the laws, rules, and regulations applicable to your country or state of residence.
The Site may contain health or medical-related materials that you may find sexually explicit or otherwise offensive.
Access and use of the Site may require the use of software, hardware, servers and/or services provided or maintained by others and over which St. Jude Children's Research Hospital has no control. St. Jude Children's Research Hospital does not guarantee that these products will work as expected and expressly disclaims all warranties and conditions with respect to such software, hardware, servers and services, either express or implied or statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
All information with respect to the Site is transmitted over a medium that is beyond our control and jurisdiction. Accordingly, we assume no responsibility for, or relation to, delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or any site accessed through the Site. We do not guarantee continuous access to the Site, or that any defect in the Site will be corrected. You are solely responsible for implementing sufficient procedures to satisfy your particular requirements for protection of your computer systems and/or accuracy or integrity of data, and for maintaining a means of reconstructing or retrieving any lost or corrupted data.
Links to Other Sites
This web site may contain links to web sites controlled by third-parties other than ST. JUDE. ST. JUDE is not responsible for and does not endorse or accept any responsibility for the contents or use of these other sites or any transactions completed through such sites. ST. JUDE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ST. JUDE of the linked site. If you decide to access linked third-party web sites, you do so at your own risk and your use of these other sites is subject to the terms and conditions of use for those sites.
Unless specifically stated otherwise, ST. JUDE does not endorse any third-parties that may appear, advertise on, or otherwise link to the web site, and makes no representation or warranties as to the content and accuracy of information, products, or services they may provide therein.
In the event you are permitted by ST. JUDE to download software from the web site, the software, including any materials and documentation, and data accompanying the software (collectively, the "Software") are licensed to you by ST. JUDE. ST. JUDE does not transfer title to the software to you and you have no rights other than as an non-exclusive licensee under the terms of any associated license agreement. ST. JUDE retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise modify the Software.
All concepts, ideas, comments, documents, illustrations, educational course content and other materials disclosed or offered to ST. JUDE on or in connection with this web site are submitted without any restrictions or expectation of confidentiality. Unless otherwise agreed to in writing by both parties (see Submission Release Agreement), ST. JUDE shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. ST. JUDE shall have the right to use, modify, publish, reproduce, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without further notice or compensation to you.
Unless subject to the binding terms and provisions of other ST. JUDE service agreements, ST. JUDE may terminate this Use Agreement and restrict access to the Cure4Kids site at any time without notice. Upon notice of termination by ST. JUDE you shall destroy all materials obtained from this web site and all related documentation and copies and installations thereof, whether made under these terms or otherwise.
Your use of the web site should comply with all applicable laws, rules and regulations that govern the export of technical data. By downloading any information including software you agree that you are not in a country where such export is prohibited, that you are not a person or entity to which such export is prohibited, and that you accept full responsibility for compliance with the laws of your local jurisdiction.
You agree to indemnify, defend and hold harmless ST. JUDE, its employees, officers, directors, successors and assigns, individually and collectively, from and against all claims, demands, losses, damages, costs, judgments, liabilities and expenses (including reasonable attorney's fees) arising out of or in connection with any and all claims of third parties, whether or not groundless, associated with use of Cure4Kids information, software, services, products or community forums.
Limitation of Liability
In no event shall ST. JUDE or its employees, agents, licensors or contractors be liable for any incidental, consequential, punitive or multiple damages of any kind that result from the use of, or the inability to use, the materials in this web site, even if an authorized representative of ST. JUDE has been advised of the possibility of such damages. In no event shall ST. JUDE's total liability to you for damages, losses, and causes of action whether in contract or tort (including, but not limited to, negligence) exceed the amount paid by you to ST. JUDE, if any, for accessing this web site.
You understand and agree that the laws of the State of Tennessee govern this Use Agreement and that exclusive jurisdiction for any claim or dispute with ST. JUDE, or relating in any way to your account or use of the web site, resides in the State of Tennessee. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Tennessee in connection with any such dispute, including any claim involving ST. JUDE or its affiliates, subsidiaries, employees, contractors, officers and directors.
This Use Agreement represents the complete agreement between ST. JUDE and yourself with regard to the subject matter of this Use Agreement, and supersedes any other written or oral agreement. ST. JUDE reserves the right, at its discretion, to change, modify, add or remove portions of this Use Agreement. Please check these terms and conditions periodically for changes. Your continued use of the web site following the posting of changes to these policies will indicate your acceptance of those changes.
ST. JUDE recognizes the importance of protecting the privacy of visitors to the Cure4Kids web site. ST. JUDE has developed the following terms of privacy so that you can understand the care with which we intend to treat the information you provide at our web site. Our privacy terms are as follows:
Collection and Storage of Information
ST. JUDE may collect certain limited personal information, including your name, address, telephone number and e-mail address, when you register as a member. ST. JUDE may also collect statistical and other additional information in connection with site usage and surveys. ST. JUDE will maintain appropriate safeguards to ensure the security, integrity and privacy of your personally identifiable information.
Use of Information
Information collected is used strictly to maintain, improve, and operate Cure4Kids including security, systems administration, research, and troubleshooting purposes. Personally identifiable information of users will not be sold or otherwise transferred to unaffiliated third parties without prior consent of the user. Information concerning any individuals' usage of our site will not be disclosed to third parties except in aggregate form. The Cure4Kids web site may make chat rooms, forums, message boards, e-mail functions and/or news groups (individually and collectively, the "community forums") available for your use. Please remember that any information disclosed in these areas becomes public information and discretion should be used when deciding to disclose personal information. Information that is voluntarily disclosed on the above community forums is beyond the control of ST. JUDE and may result in unsolicited messages. ST. JUDE cannot control and is not responsible for the privacy policies of web sites to which the Cure4Kids site may link.
ST. JUDE reserves the right to contact users who have accepted the terms and conditions of any of our user agreements, at any time, regarding user related matters such as changes to our terms and conditions. ST. JUDE may also send users other notifications including but not limited to new site features, news bulletins, and other site-related information or opportunities.
The information about you collected on the web site is subject to these privacy terms.
ST. JUDE makes community discussion areas ("chat rooms," "forums," "message boards,") e-mail functions and/or news areas (individually and collectively, the "community forums") available for your interactive use on the web site. If you use the community forums, you are solely responsible for your own communications and the consequences of posting those communications. ST. JUDE assumes no responsibility for any communication on, or consequence arising from the use of, the community forums. The purpose of the community forums is to facilitate an exchange of professional ideas and to stimulate community interaction. To ensure that participation in the community forums is enjoyable and productive for everyone concerned, we ask that you adhere to the following rules:
- Users of the community forums should provide their real names, and use their own login identity when participating in community forums. You may not impersonate another person nor allow others to use your identification.
- Do not disturb the intent of the community forums by soliciting business, promoting any products or services, or posting chain letters or pyramid schemes of any form. The forums shall be used only in a noncommercial manner.
- You may not post the same item repeatedly. This is sometimes referred to as "spamming" and is strictly prohibited.
- Do not threaten, verbally attack, harass, embarrass, intimidate or engage in any conduct that may compromise any individual or entity including inhibiting their ongoing use and enjoyment of the community forums.
- Do not upload, distribute or otherwise publish through the web site any content that is libelous, defamatory, obscene or pornographic in nature or that would constitute or encourage a criminal offense, violate a law including copyright infringement or otherwise give rise to liability.
- Please settle any disputes with other users, yourself, and understand that ST. JUDE will not mediate disagreements that may arise in the community forums.
- Although ST. JUDE will not edit the content of your messages, we reserve the right to remove any message that we determine in our sole discretion to be inappropriate or in violation of the terms of this policy. ST. JUDE has no liability or responsibility to any person or entity for performance or non-performance of such screening activities.
- ST. JUDE may invoke whatever sanctions it alone deems appropriate on any user, up to and including banning them from use of the Cure4Kids web site, for their improper use and/or abuse of the community forums.
- ST. JUDE reserves the right to use any content posted by users for research, publication, and/or promotional purposes.
- ST. JUDE does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by users of the community forums or endorse any opinions expressed or implied by such users. You acknowledge that any reliance on content posted in the community forums is at your own risk.
- Through your use of any of the community forums, you are agreeing to all the terms and conditions contained herein and any future amendments hereto.