Terms of Use

Thank you for visiting our website (“Site”). This Site was established to connect patients with caring individuals and enhance communication between them. The Site manages and facilitates the ordering and sending of healing cards to designated recipients.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your access to and use of the CC Website (“Site”).

You are only authorized to use the CC Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the CC Site and discontinue use of the CC Site. If you wish to become a Member or Subscriber, communicate with other Members or Subscribers and make use of the CC Site, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes http://www.compassionatecommunications.com's policy for acceptable use of the CC Site and content posted on the CC Site, your rights, obligations and restrictions regarding your use of the CC Site and Privacy Policy. In order to participate in certain portions of the CC Site, you may be notified that you are required to upload or download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the CC Site in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Definitions

1. “Visitor” — means that you simply browse the CC Site;
2. “Member” — means that you are a patient who has registered with this Site .and uploaded or provided your personal profile to CC for the purpose of receiving healing cards from purchasers of those cards.
3. “Customer” — means that you have purchased or are purchasing the product sold through this Site by CC;
4. “Subscriber” — means that you are a charity organization who has entered into a subscriber agreement with CC and are eligible to receive funding from the sale of CC’S products.
5. “User” — means that you are either a “Visitor,” “Member,” “Customer” or “Subscriber” and are using this Site.

TERMS

1. Modification. CC may modify this Agreement from time to time and such modification shall be effective upon posting by CC. on this Site. You agree to be bound to any changes to this Agreement when you use the CC Site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

2. Privacy. Your visit to our site is also governed by our Privacy Policy: Please review our Privacy Policy at http://www.compassionatecommunications.com/about/privacy. The Privacy Policy is made part of this Agreement.

3. Ownership. All content included on this Site is and shall continue to be the property of CC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. This notwithstanding, this Site allows charitable organizations to store its logos, descriptive test, mailing addresses and designated charity administrator information (“Charity User Content”). Any and all Charity User Content which is proprietary to Charity shall remain Charity’s property and shall not be owned by CC.

4. Intended Audience. In compliance with the Children's Online Privacy Protection Act of 1998, CC does not accept registrations from those under 13 years of age. By registering with Compassionate Communications, you represent that you are at least 13 years old.

5. Trademarks. Compassionate Communications, and others are either trademarks or registered trademarks of CC. Other product and company names mentioned on this Site may be trademarks of their respective owners.

6. Site Use.

License: CC grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or Site in violation of any law. The use of this Site is at the discretion of CC . CC may terminate your use of this Site at any time.

Member Release of Information: Please choose carefully the information you post on this Site and that you provide to other Users. Your Site profile may not include items such as those listed below in Section 12 of this Agreement. CC assumes no responsibility or liability for this material. If you become aware of misuse of the CC Site by any person, please contact CC [additional suggested language: or click on the "Report Inappropriate Content" link at the bottom of any This Site page.]

CC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the CC Site at any time, for any or no reason, with or without prior notice, and without liability.

7. Representation of Users. By using the CC Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and, (c) you are 13 years of age or older. For Members: Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age and we have not obtained an Opt-In Form from you or your parent or legal guardian.

8. Term for Users. This Agreement shall remain in full force and effect while you use the CC Site. You may terminate your Membership at any time, for any reason, by canceling your account using the instructions found on the "Your Account" page. This Site may terminate your use at any time, without warning. Even after termination of your use, this Agreement will remain in effect.

9. Member/Subscriber/Customer Password. When you sign up to become a Member or Subscriber, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify CC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

10. Non-commercial Use of Site. The CC Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by this Site. Illegal and/or unauthorized use of the CC Site, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the CC Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles or Subscriber pages without notice and may result in termination of privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the CC Site.

11. Proprietary Rights in Content on This Site posted by Users.

1. CC claims and will obtain ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the CC Site (except as otherwise stated in this Agreement). By displaying or publishing ("posting") any Content on or through the CC Site, you hereby grant ownership to CC to use, modify, publicly perform, publicly display, reproduce, and distribute such Content through the CC Site.
2. You represent and warrant that: (i) you own the Content posted by you on or through the CC Site; and, (ii) the posting of your Content on or through the CC Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the CC Site.

12. Type of Content Posted.

1. CC may delete any Content that in its sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
2. You are solely responsible for the Content that you post on or through any of the CC Site, and any material or information that you transmit to other Members or Users. CC does not endorse and has no control over the Content. Content is not necessarily reviewed by CC prior to posting and does not necessarily reflect the opinions or policies of CC or this Site. This Site makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users of the Site.
3. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the CC Site. CC reserves the right to investigate and take appropriate legal action against anyone who, in CC’S sole discretion, violates this provision, including without limitation, removing the offending communication from the CC Site and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of This Site:
   • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   • harasses or advocates harassment of another person;
   • exploits people in a sexual or violent manner;
   • contains nudity, violence, or offensive subject matter or contains a link to an adult Site;
   • solicits personal information from anyone under 13;
   • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
   • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Members;
   • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
   • includes a photograph of another person that you have posted without that person's consent; or
   • uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

   The following is a partial list of the kind of activity that is illegal or prohibited on the CC Site and through your use of the CC Site. This Site reserves the right to investigate and take appropriate legal action against anyone who, in CC’S sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

   Prohibited activity includes, but is not limited to:

   • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
   • advertising to, or solicitation of, any User to buy or sell any products through the CC Site. You may not transmit any chain letters or junk email to Users. It is also a violation of these rules to use any information obtained from the CC Site in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
   • Falsifying information on your personal profile page;
   • any automated use of the system, such as using scripts to add friends or send comments or messages;
   • interfering with, disrupting, or creating an undue burden on the CC Site;
   • attempting to impersonate another User or person;
   • using the account, username, or password of another User or permitting any third party to access your account;
   • For Members: selling or otherwise transferring your profile;
   • using any information obtained from the CC Site in order to harass, abuse, or harm another person;
   • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the CC Site on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose or sending private messages with a commercial purpose; or,
   • using the CC Site in a manner inconsistent with any and all applicable laws and regulations.

13. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CC to terminate User privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to CC by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the CC Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the CC Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. This Site's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Compassionate Communications, Inc., Facsimile: (760) 457-2543; Attn: Copyright Agent. Email: info@compassionatecommunications.com

14. Member Disputes. You are solely responsible for your interactions with other Members. This Site reserves the right, but has no obligation, to monitor disputes between you and other Members.

15. Disclaimers. CC is not responsible for any incorrect or inaccurate Content posted on the CC Site or in connection with the CC Site, whether caused by Users or by any of the equipment or programming associated with or utilized in the CC Site. CC is not responsible for the conduct, whether online or offline, of any User of the CC Site. This Site assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communication. This Site is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the CC Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the CC Site. Under no circumstances shall CC be responsible for any loss or damage, including personal injury or death, resulting from use of the CC Site. The CC Site are provided "AS-IS" and as available and CC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. This Site cannot guarantee and does not promise any specific results from use of the CC Site.

16. Limitation on Liability. IN NO EVENT SHALL CC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THIS SITE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THIS SITE FOR THE CC SITE DURING THE TERM OF MEMBERSHIP.

17. Disputes. If there is any dispute about or involving the CC Site, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Diego. The entity or person who/which prevails in any claim or dispute which arises as a result of this Agreement shall be entitled to reasonable attorneys’ fees and costs. Either CC or you may demand that any dispute between CC and you about or involving the CC Site must be settled by binding arbitration, with waiver of a jury trial, by utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California, USA, provided that the foregoing shall not prevent CC from seeking injunctive relief in a court of competent jurisdiction.

18. Indemnity. You agree to indemnify and hold CC, its subsidiaries, affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the CC Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the CC Site or through the CC Site causes CC to be liable to another.

19. Ancillary Provisions.

1. This Agreement is accepted upon your use of the CC Site.
2. This Agreement constitutes the entire agreement between you and CC regarding the use of the CC Site.
3. The failure of CC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
4. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
5. This Agreement operates to the fullest extent permissible by law and cannot be modified without the written consent of CC.
6. This Agreement is binding upon the successors and heirs of Users.
7. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
8. CC may terminate this Agreement at any time, with or without notice, for any reason.

HOW TO CONTACT US

Compassionate Communications, LLC
Attention: Greg Voisen
P.O. Box 1643
Vista, CA 92085
Telephone: (760) 917-6474
E-mail: info@compassionatecommunications.com

Please contact us at info@compassionatecommunications.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.