Terms & Conditions
Effective March 7, 2018
The Coalition to Protect America's Health Care (referred to as the "Coalition") operates various websites, widgets, and applications, including, without limitation, protecthealthcare.org.
The term "Coalition Website" is used in these Terms and Conditions (the "Terms") to refer to all websites, web pages, applications, and widgets operated by the Coalition and all Content (defined below) and functionality available through these websites, web pages, applications, and widgets.
The term "Content" is used in these Terms to refer to all content on a Coalition Website, including without limitation data, designs, text, files, graphics, pictures, video, information, applications, software, and other materials, and their selection and arrangement.
The term "Services" is used in these Terms to refer to Coalition Websites and all Coalition products, software and services provided on or through a Coalition Website.
The term "User" is used in these Terms to include any party visiting or viewing a Coalition Website or the Content; sending or supplying information to a Coalition Website; or uploading, publishing or displaying information on or through a Coalition Website.
The term “Personal Information” is used in these Terms to refer to personally identifiable information, which is information that identifies you as a specific identified individual, such as your name, phone number, or e-mail address.
By using the Services or visiting a Coalition Website, you, a User, acknowledge and agree that you have read, understand and agree to be bound by these Terms.
THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COALITION. PLEASE READ THESE TERMS CAREFULLY.
IN THE EVENT A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND THE COALITION GOVERNS YOUR USE OF ANY CONTENT OR SERVICES, TO THE EXTENT THE TERMS AND CONDITIONS OF THAT AGREEMENT CONFLICT WITH THESE TERMS, THE TERMS OF THAT AGREEMENT SHALL CONTROL.
BEFORE YOU CONTINUE, YOU SHOULD PRINT OR SAVE A LOCAL COPY OF THESE TERMS FOR YOUR RECORDS.
1. Who Provides the Services
Third-parties may provide services on behalf of the Coalition. You acknowledge and agree that third-parties will be entitled to provide Services to you, in addition to the Coalition with whom you contract or interact.
2. Your Use of Services
You agree to use the Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other countries). You agree not to access or attempt to access any Services by any means other than through the interface as provided by the Coalition, unless specifically allowed to do so in a separate written agreement with the Coalition. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services. You agree not to reproduce, duplicate, copy, sell, trade or resell the Services, unless otherwise agreed to in a separate written agreement with the Coalition. You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage that the Coalition may suffer, of any such breach.
The Coalition grants you the revocable permission to link to this Coalition Website; provided, however, that any link to this Coalition Website: (a) must not frame or create a browser or border environment around any of the Content or otherwise mirror any part of this Coalition Website; (b) must not create the false impression that the Coalition endorses or sponsors any third party or its products or services, unless the Coalition has given prior written consent to such third party; (c) must not present false information about, or disparage, tarnish, or otherwise harm the Coalition or its products or services; (d) must not use any Coalition trademarks without the prior written permission of the Coalition; (e) must not contain Content that could be construed as distasteful, offensive, or controversial or otherwise objectionable; and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to this Coalition Website, you agree that you do and will continue to comply with these linking requirements. Notwithstanding anything to the contrary contained in these Terms, the Coalition reserves the right to prohibit linking to this Coalition Website for any reason in our sole and absolute discretion.
3. Code of Conduct
You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Services and that you will not interfere with the use and enjoyment of the Services by other users or with the Coalition’s management and operation of the Services. Prohibited conduct includes, but is not limited to, the following:
You will not send or otherwise post unauthorized commercial communications on a Coalition Website.
You will not collect Users' Content or information, or otherwise access a Coalition Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior written permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on a Coalition Website.
You will not upload viruses, worms, Trojans, spyware or other malicious code that could affect the operation of a Coalition Website or any other computer system connected to a Coalition Website. You will not do anything that could disable, overburden, or impair the proper working of a Coalition Website, including, without limitation, tampering with system resources or User accounts, compromising security controls, or using/distributing tools designed to compromise system security (e.g., password-guessing programs and network scanning tools). If you engage in any activity that compromises system security, we reserve the right to take any action that we, in our sole discretion, deem appropriate, including reporting you to law enforcement.
You will not solicit login information or access an account belonging to someone else.
You will not facilitate or encourage any violations of the Terms.
You will not post content or take any action on a Coalition Website that infringes or violates someone else's rights or otherwise violates the law. If you use the Services in a manner, or upload or post Content, that is illegal, violent in nature, or otherwise inappropriate, we reserve the right to take any action that we, in our sole discretion, deem appropriate, including reporting you to law enforcement.
You will not post anyone's identification documents or sensitive Personal Information on a Coalition Website.
You will not tag Users.
You will not send email invitations or otherwise market or promote the Services or the Coalition Website to non-Users without the Coalition’s prior written consent.
You will not impersonate any other person, User, or company or upload or post Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person, the Coalition, or any other entity.
We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Users. Please exercise common sense and your best judgment in your interactions with others, when you submit or post any Personal Information or other sensitive data, and in all other online activities.
4. Access to Certain Services
In order to access certain Services, you may be required to provide Personal Information (such as identification or contact details) as part of a registration process. You agree that any registration information you give to the Coalition will always be complete, correct and current. You agree not to register for any User account or use the Services on behalf of any party other than yourself unless you have the legal authority to act as an agent on behalf of another individual or entity.
You acknowledge you are responsible for maintaining the confidentiality of passwords (or other authentication credentials) associated with any account you use to access the Services. The Coalition shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Coalition or any other Coalition Party (defined below) due to someone else’s use of your account or passwords. You agree that you will be solely responsible to the Coalition for all activities that occur under your account. You agree to immediately notify the Coalition of any unauthorized use of your password or account.
5. Privacy and Personal Information
6. Changes in Services; Denial of Access
The form and nature of the Services which the Coalition provides may change from time to time without prior notice to you. While it is the Coalition’s objective is to make the Services accessible 24 hours per day, 7 days per week, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Coalition, access to the Services may be interrupted, suspended or terminated from time to time.
The Coalition may stop providing the Services (or any features within the Services) to you or to Users generally, including by denying access to your account, at the Coalition's sole discretion, without prior notice.
If the Coalition disables access to your account, you may be prevented from accessing your account details or any files or other Content which is contained in your account or accessible through your account. The Coalition, at its sole discretion, may set fixed upper limits on the number and/or size of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service.
7. Content in the Services
You understand that all Content is the proprietary property of the Coalition, its users or its licensors with all rights reserved. You understand that Content presented to you as part of the Services, including but not limited to Content submitted by third-parties and advertisers, as well as User-posted Content, may be protected by intellectual property rights owned by the Coalition, third-party individuals or other legal entities. You are not allowed to modify, copy, distribute, frame, mask, reproduce, republish, scrape, extract data, create derivatives based upon, download, display, post, transmit, link, sell, rent, lease, loan or trade any Coalition Website or any Content, in whole or in part, without written permission from the Coalition or the rightful Intellectual Property owner, except the foregoing does not apply to your Content that you legally post on a Coalition Website. Subject to your compliance with the Terms, you may access and use the Services and the Content and download or print a copy of any portion of the Content to which you have properly accessed solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. If a Coalition Website permits the transmission of Content via email through an “email a friend” (or similar) feature, you may transmit that particular Content to others, so long as you follow all instructions provided on the Coalition Website.
The Coalition reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service, and, in its sole discretion, restrict suspend, or terminate your access and use of the Services, any Coalition Website, and/or any Content at any time without notice.
8. Proprietary Rights
You acknowledge and agree that the Coalition, or its licensors, own all legal right, title and interest in and to the Services, including the Content and any intellectual property rights which subsist in the Services, whether registered or not. You acknowledge that the Services may contain information which is designated confidential by the Coalition and that you shall not disclose such information without the Coalition's prior written consent. Nothing in the Terms gives you a right to use any of the Coalition's tradenames, trademarks, service marks, logos, domain names and other distinctive brand features. If you have been granted an explicit right to use the Coalition's intellectual property in a separate written agreement, you agree that such use shall be in compliance with that agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Services. You agree that in using the Services, you will not use any trademark, servicemark, tradename, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. Content License from the User
All Content that you submit, post, or display on or through the Services must be created and owned by you or must be in the public domain. Also, all persons who contributed to your Content in any way, have any rights to your Content, or otherwise appear in your Content must have given you permission to upload and distribute the Content on this Coalition Website and elsewhere. Upon the Coalition’s request, you will furnish any documentation, substantiation or releases necessary to verify your compliance with the Terms to the Coalition.
You retain copyright and any other rights you already hold in any Content which you submit, post or display on or through the Services. By submitting, posting or displaying the Content you give the Coalition a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display and distribute any Content which you submit, post or display on or through the Services. You agree that this license includes a right for the Coalition to transfer, sublicense, or otherwise make such Content available to other companies, organizations or individuals with whom the Coalition has relationships. You understand that the Coalition, in performing the required technical steps to provide the Services to its Users, may (i) transmit or distribute your Content over various public networks and in various media; and (ii) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit the Coalition to take these actions. You confirm and warrant to the Coalition that you have all the rights, power and authority necessary to grant the above license.
10. Website or Software Updates
Coalition Websites or software utilized may require automated downloads or install updates from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules or completely new versions. You agree to receive such updates and permit the Coalition to deliver them to you as part of your use of the Services.
11. Exclusion of Warranties; Disclaimers
THE COALITION DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COALITION FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE COALITION WEBSITE AND ITS CONTENTS AND DOES NOT ENDORSE ANY USER CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE COALITION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF ANY USER CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCES TO AND USE OF THE COALITION WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COALITION WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION, FINANCIAL INFORMATION, AND/OR OTHER SENSITIVE INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE COALITION WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE COALITION WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COALITION WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, INCLUDING, BUT NOT LIMITED TO, ADVICE OR INFORMATION REGARDING PROFESSIONAL PRACTICES, STANDARDS OR GUIDELINES, VIA ANY METHOD OF COMMUNICATION, OBTAINED BY YOU FROM THE COALITION WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. THE COALITION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COALITION WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COALITION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Services may include hyperlinks to other websites or content or resources. The Coalition may have no control over any websites or resources which are provided by companies or persons other than the Coalition. You acknowledge and agree that the Coalition is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that the Coalition is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
12. Limitation of Liability
Under no circumstances will the Coalition be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of the Terms or your use of the Services. THESE EXCLUSIONS FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE COALITION HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE COALITION’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COALITION SHALL NOT BE LIABLE FOR USER CONTENT, CONTENT PRODUCED BY THIRD PARTIES AND DISPLAYED ON OR THROUGH THE SERVICES, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COALITION’S ACTS OR OMISSIONS, THE DAMAGES (IF ANY) CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COALITION WEBSITE, CONTENT, SERVICES, PROPERTY, OR PRODUCT OWNED OR CONTROLLED BY THE COALITION.
You agree to defend, indemnify, and hold harmless the Coalition, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) (collectively a “Claim”) arising from: (A) your use of and access to the Services; (B) your violation of any provision of the Terms; (C) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; (D) your violation of any applicable law, rule, regulation, or order of any governmental agency; or (E) any claim that your Content or any other information transmitted from your computer or account (even if not submitted by you) caused damage to a third party. The Coalition reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you under these Terms. You will not in any event settle any Claim without the prior written consent of a duly authorized representative of the Coalition. This section 13 shall indefinitely survive the termination of the Terms and your use of any Coalition Website.
14. Copyright and Other Intellectual Property
You may not use the Services, including any Coalition Websites or Content contained therein, for any purpose or in any manner that infringes the rights of any third party, including any intellectual property rights. The Coalition encourages you to report any content on this Coalition Website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good-faith belief that content on this Coalition Website infringes your intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), the Coalition has a designated agent for receiving notices of copyright infringement and the Coalition follows the notice and take-down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Coalition’s copyright agent (whose contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on this Coalition Website violates your rights other than copyrights, please provide the Coalition with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding this Coalition Website or a complaint regarding alleged violation of rights other than copyrights to the Coalition’s copyright agent, who can be reached as follows:
- P.0. Box 30211
- Bethesda, MD 20824
- (877) 422-2349
NOTE: This contact information is for notices or complaints regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
The Coalition will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights.
15. No Data Storage/Shared Server
The Services are not a tool for storing or preserving User Content. The Coalition expressly disclaims any liability for lost or deleted Coalition Website Content or User Content. You shall not rely on the Coalition for preservation of any Coalition Website Content or User Content, and shall maintain all User Content in a separate manner. All Coalition Website Content and User Content is posted on a shared server. Given inherent risks of the Internet, you acknowledge that there is no assurance that Coalition Website Content or User Content will be kept confidential and there is no assurance that Coalition Website Content or User Content will not be lost or deleted.
Services provided by the Coalition may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be prompted by access to content, queries made through the Services or other information. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you. In consideration for the Coalition granting you access to and use of the Services, you agree that the Coalition may place such advertising on the Services. In addition, you acknowledge that display of an advertisement or promotion on the Services does not reflect approval or endorsement of the advertiser of any of its products or services by the Coalition.
17. Changes to these Terms
The Coalition may make changes to the Terms from time to time. When these changes are made, any new Terms will be made available to you from within, or through, the Services. Therefore, you are advised to review these Terms occasionally. You understand and agree that if you use the Services after the date as of which the Terms have changed, the Coalition will treat your use as acceptance of the updated Terms.
19. Contact Information
If you have any questions or comments about these Terms, please send an email to firstname.lastname@example.org.