Overview and Defined Terms
The Site is intended as an environment for support and interaction among the community of individuals affected by PHACE Syndrome and their immediate families or legal guardians, and certain portions of the Site are restricted to these intended users due to the personal and sensitive nature of the information and Materials discussed and made available there. For this reason, persons who wish to become users of the Site for participation in this community are required to register, disclosing their connection to the PHACE Syndrome community. Upon approval of such registration, PHACE will issue a user name and initial password to such registrants, allowing access to the restricted portions of the Site as a user (each, a “User”).
Use of Materials
All Materials on the Site are protected by federal and international copyright and trademark laws and are the property of PHACE, its Members, or its Sponsors. No portion of the Materials may be shared, disclosed, reprinted, republished, reproduced, or distributed in any form to any third party without the express written permission of PHACE or the owner of such Materials[; provided, however, that Users may make use of any Materials for purposes of treatment and/or diagnosis of PHACE Syndrome with the personal physician(s) or other medical advisors of the affected individual in the User’s family]. You may view and/or print Materials for your own personal use, and download any Materials made available for download. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded Materials. Any rights not expressly granted by this Agreement are reserved by PHACE or the owner, as applicable, of the Materials. By using our Site, you agree to use other Users’ information you view or receive only in compliance with this Agreement, and then only for Site-related purposes or other purposes for which the source User explicitly provides consent.
Accuracy of Materials; Not Medical Advice
Although PHACE and its Sponsors attempt to ensure the integrity and accuracy of the PHACE Materials, it makes no guarantees whatsoever as to their correctness or applicability to any particular individual. You understand that the Materials and information made available on the Site do not constitute medical advice to User or to any person, and that PHACE disclaims all responsibility for the applicability of the Materials and information on the Site to any given patient or person. The information contained in this Site is not intended to replace the advice of a licensed physician. Always consult with your own physician for questions regarding diagnosis and treatment of any medical condition. YOU AGREE THAT USE OF THE SITE AND THE MATERIALS AND SERVICES ON THE SITE, AS WELL AS ANY HYPERLINKED WEB SITES, ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ALL MATERIALS, CONTENT, LINKS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PHACE does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on www.phacesyndromecommunity.org. Reliance on any information provided by PSC representatives, employees, contracted writers, volunteers or medical professionals presenting content for publication to the PHACE website is solely at your own risk. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY SPONSOR OR OTHER USER OF THE SITE.In addition, it is possible that the PHACE Materials could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to these materials by third parties. Information contained on the Site may be changed or updated without notice.
Your Registration and Materials
By registering for an account or using the Site, you represent that you are at least 18 years of age, and of the age of legal majority in your state or country of residence, if older than 18. You agree that you will not allow others to use your account, nor will you use your account or the Site on behalf of third parties. You also agree not to use the Site if you are temporarily or permanently suspended from using the Site. You represent and warrant that (i) all information and Materials submitted to PHACE or to the Site (including your name, address and other information associated with your account (“User Information”)), and all information communicated to other users of the Site, is true, accurate, up-to-date and not misleading, and (ii) you have the right, without permission of any other person or entity, to submit any Materials you have submitted to PHACE.
Use of Member Materials and Third Party Materials
All Member Materials, Sponsor Materials, and Third Party Materials on the Site are the responsibility of their respective authors, creators, and/or owners. PHACE will make reasonable efforts to ensure that all Sponsor Material such as treatment protocols, events, and contact information is accurate and up-to-date. PHACE is not responsible for Member Materials and Third Party Materials, and the views and opinions expressed in Member Materials and Third Party Materials are not necessarily those of PHACE or its Sponsors. PHACE will endeavor to review Member Materials or Third Party Materials before they are made accessible through the Site[KV1] , but Users should not rely on such screening for the accuracy or currentness of Materials or information on the Site.
Your Member Materials
The restricted area of the Site allows Users to post photos, videos and/or other sensitive content, whether of themselves, members of their family, or of third parties. You hereby represent to PHACE that you have the legal right (and any applicable permissions) to post any such photos, videos or other Member Materials on the Site.
Privacy and Security
Third Party Websites
User Obligations and Prohibited Actions
As a User of or visitor to the Site, you must not: 1. Monitor, gather or copy any Materials, content or email addresses on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind. 2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout). 3. Post any Material, or engage in any activities through or in connection with this Site that seek to attempt to harm or embarrass minors (or to violate their privacy) or are unlawful, defamatory, libelous, offensive, obscene, threatening, harassing, abusive, contain profanity or that violate any right of any third party, or are disruptive or include hostile comments, interpersonal disputes, or breaches of site etiquette, as determined by us in our discretion. 4. Attempt to circumvent the security systems of the Site, including obtaining unauthorized access to any restricted area of the Site. 5. Use or attempt to use the Site for any purposes other than those intended by PHACE, as determined by us in our sole discretion. 6. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. 7. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity. PHACE may in its sole discretion remove any information, Materials or content that it deems as in breach of the provisions above. The Materials, content and the functionality of the Site, as well as this Agreement, may be updated or changed at any time without prior notice. In addition, if we become aware that you are copying, modifying or distributing Materials from the Site other than for the permitted uses of the Site, we reserve the right to revoke your access to the Site.
We may terminate or suspend your use of the Site, with or without notice to you at any time if we deem it necessary in our sole discretion to take such action for the protection of the Site or other users. We will notify you at the address you provided at the time of registration of any permanent termination from the Site. Should you wish to terminate this Agreement, you may do so in writing at PHACE Syndrome Community, Inc., 4514 Chamblee Dunwoody Rd #450, Atlanta, GA 30338.
Limitations of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF PHACE, ITS SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PHACE PARTIES”) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE MATERIALS, INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, A SPONSOR, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE, DELAYS OR DISRUPTIONS IN OUR SITE, ACTIONS TAKEN BY THIRD PARTIES THROUGH OUR SITE, ACTIONS TAKEN RELATED TO YOUR ACCOUNT, OR VIRUSES OR MALWARE OBTAINED BY USING OUR SITE OR LINKS ON OUR SITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PHACE PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED US$100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.You hereby release all the PHACE Parties from claims and all liabilities of every kind, known and unknown, arising from disputes between you and third parties (including other Users). By entering into this Agreement, you hereby waive any statutory or other type of protections that would otherwise limit this release to covering only known or suspected claims at the time of this release. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You hereby agree to indemnify, hold harmless and defend all the PHACE Parties from and against any claims by third parties, including other users of the Site, for all costs and damages (including reasonable attorneys’ fees) incurred by such PHACE Parties due to your breach of this Agreement, your negligent acts and omissions, and any intentional or willful misconduct by you.
Governing Law and Dispute Resolution
This Agreement, all matters arising from or relating to the your use of the Site, and any and all claims arising out of your relationship with the PHACE Parties shall be governed by and in accordance with the laws of the State of Georgia, excluding its conflicts of laws provisions. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE.
Your electronic acceptance of this Agreement on the Site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. This Agreement, including any other applicable terms and conditions or rules that govern your use of individual services on the Site, which are either incorporated herein by specific reference or posted on the Site from time to time, comprises the entire agreement between you and PHACE and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for the Site). All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void.