Online Events Code of Conduct – Patient Health Alliance

Acceptance of the Terms of Use

These website terms of use are entered into by and between you and Patient Health Alliance, a tax-exempt Colorado Nonprofit Corporation (the “Foundation,” “we,” “our” or “us”). These website terms of use, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of https://patienthealthalliance.org/ (the “Website”), including all content, features, functionality, and services offered on or through the Website, whether you access it as a guest or registered user.

Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference (the “Privacy Policy”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

The Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Foundation and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

These Terms of Use apply to all online courses, virtual workshops, podcasts, social media posts, website Content, e-books, e-newsletters, and other health-related recommendations (collectively, the “Programs” and, each, a “Program”) offered by the Foundation on the Website. By accessing the Website, purchasing or downloading any Program, or otherwise signifying your acceptance of these Terms of Use, you agree to these Terms of Use on your own behalf and on behalf of any other person or company listed on the order, registration, signup or similar form for such Program.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

Notice to Social Media Users

When purchasing, downloading, accessing, viewing, or streaming Programs, products, or services from this Website or from the Foundation’s official social media pages (including without limitation its LinkedIn® profile), and when posting information to or otherwise communicating via those official pages, your activities online are subject to these Terms of Use, the Privacy Policy, and the Event Code of Conduct (Online Events) found at https://patienthealthalliance.org/online-events-code-of-conduct/, incorporated herein by reference (the “Online Events Code of Conduct”). Your use of third-party social media platforms remains subject to that platform’s own terms and conditions, which may differ from these Terms of Use. The Foundation does not govern or control activities on users’ personal social media pages, except to the extent content is linked to, displayed on, or otherwise integrated with the Website or official social media pages.

Changes to the Website

We may update the Content on this Website from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Section 13 will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

For users with online accounts with the Foundation (including any accounts created to register for the Foundation’s events), to access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and Online Event Code of Conduct, and you consent to all actions we take with respect to your information consistent with our Privacy Policy and Online Event Code of Conduct.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole reasonable discretion, including if, in our opinion, you have violated any provision of these Terms of Use, the Privacy Policy or the Online Events Code of Conduct.

Intellectual Property Rights, Program Content, Disclaimers, Ownership, Limited License and Rights of Others
Intellectual Property Rights. The Website and its entire Contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Foundation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or Device (as defined below) solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain Content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@thepha.org.[1]

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted herein are reserved by the Foundation. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks. The Foundation name, the terms “PHA,” “Patient Health Alliance”, the Foundation logo, and all related names, logos, product, trade and service names, designs, slogans, trademarks, trade dress, service marks, and/or trade identities of various parties are trademarks of the Foundation or its affiliates or licensors (collectively, the “Trademarks”). You must not use Trademarks without the prior written permission of the Foundation. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Content. Each Program contains a variety of: (i) materials and other items relating to the Foundation, our products and services, likeness and image, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, show content, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Program, and the compilation, assembly, and arrangement of the materials of the Program and any and all copyrightable material (including source and object code); (ii) Trademarks; and (iii) other forms of intellectual property (all of the foregoing in (i), (ii) and (iii), collectively, the “Content”).

General Disclaimers.

THE WEBSITE AND ALL PROGRAMS ARE FOR EDUCATIONAL PURPOSES ONLY. NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. THE FOUNDATION, PROGRAM GUESTS, AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, CONTENT OR MATERIAL ON ANY PROGRAM ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE OR ANY THIRD PARTY TAKES BASED ON THE INFORMATION, CONTENT OR OTHER MATERIAL ON THE PROGRAM, INFORMATION FOUND ON THE WEBSITE OR IN ANY PROGRAM. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE QUESTIONS ABOUT A MEDICAL CONDITION THAT RELATES TO YOU OR THAT RELATES TO A THIRD PARTY, PLEASE SEE A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. DO NOT DELAY SEEKING PROFESSIONAL MEDICAL ADVICE FOR YOU OR A THIRD PARTY IN YOUR CARE OR IGNORE DOCTOR’S INSTRUCTIONS DUE TO INFORMATION YOU FIND ON THIS WEBSITE OR BY LISTENING TO ANY PROGRAM. RELIANCE ON INFORMATION PROVIDED BY THE FOUNDATION, PROGRAM GUESTS OR VISITORS ON THE WEBSITE, EVEN IF THEY ARE EXPERTS, IS COMPLETELY AT YOUR OWN RISK.

ANY CLAIMS ABOUT THE POSSIBLE HEALTH BENEFITS CONFERRED BY ANY FOODS, SUPPLEMENTS OR ACTIVITIES HAVE NOT BEEN EVALUATED BY THE U.S. FOOD & DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. YOU AGREE TO THESE TERMS OF USE BY USING THE WEBSITE OR ACCESSING ANY OF THE PROGRAMS.

YOU UNDERSTAND THAT BY USING AND ACCESSING ANY PROGRAM, YOU MAY ENCOUNTER CONTENT THAT YOU MAY DEEM TO BE OFFENSIVE OR OBJECTIONABLE, AND THAT SUCH CONTENT MAY OR MAY NOT BE IDENTIFIED AS HAVING EXPLICIT MATERIAL. NEVERTHELESS, YOU AGREE TO USE THE PROGRAM AT YOUR SOLE RISK, AND THE FOUNDATION SHALL HAVE NO LIABILITY TO YOU FOR MATERIAL THAT MAY BE FOUND TO BE OFFENSIVE OR OBJECTIONABLE. ACCESS TO THE WEBSITE AND PROGRAMS IS INTENDED ONLY FOR INDIVIDUALS WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR JURISDICTION OR SUCH OTHER MINIMUM AGE AS THE FOUNDATION MAY SPECIFY IN these TERMS OF USE.

Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, or that this information is current, or that this information is being updated or maintained. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include Content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by the Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Foundation. We are not responsible, or liable to you or any third party, for the Content or accuracy of any materials provided by any third parties.

Disclaimers Regarding Testimonials and Endorsements. In accordance with the U.S. Federal Trade Commission’s guidelines concerning use of endorsements and testimonials in advertising (see https://www.ftc.gov/news-events/topics/truth-advertising/advertisement-endorsements), please be aware of the following:

Testimonials appearing on the Website are collected or recorded via survey text submission, email text, or interview. They are individual experiences, reflecting real life experiences of those that have worked with the Foundation or experienced the impact of neuromyelitis optica (NMO) and neuromyelitis optica spectrum disorder (NMOSD). However, they are individual results and results may vary. We do not claim that they are typical results that patients will generally achieve. The testimonials are not necessarily representative of all of those who will work with the Foundation. Testimonials are individual experiences and are not compensated unless expressly stated. The testimonials are not independently verified.”

The testimonials presented on the Website are applicable to the individuals writing them and may not be indicative of future outcomes for other persons. The Foundation cannot and does not guarantee specific outcomes for any employees, patients, members, volunteers or online guests.

The testimonials displayed (text, audio, and/or video) are given verbatim except for correction of grammatical or typing errors. Some have been shortened, so that the whole message received by the testimonial writer is not displayed. This is done only when a testimonial is lengthy, or if the entire testimonial did not seem relevant for the general public.

Ownership. The Programs (including past, present, and future versions) and the Content are owned or controlled bythe Foundation, our licensors and/or certain other third parties. All right, title, and interest in, to and under the Content available via the Programs is the property of the Foundation or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. The Foundation owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Program.

Limited License. Subject to your strict compliance with these Terms of Use, the Foundation grants you a limited, non-exclusive, revocable, non-assignable, personal, non-commercial and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in the Foundation’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content.

Rights of Others. When using the Program, you must respect the intellectual property and other rights of the Foundation and other third-parties. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Website and Program Use Restrictions.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. With respect to the Website, you agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate Content, asking for personally identifiable information, or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To impersonate or attempt to impersonate the Foundation, a Foundation employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Foundation or users of the Website, or expose them to liability.

Additionally, with respect to the Website, you agree you will not:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
Use any Device, software, or routine that interferes with the proper working of the Website;
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Website.

With respect to any Program, you agree you will not:

Use the Program for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products);
Use any meta tags or any other “hidden text” utilizing any Trademarks;
Engage in any activities through or in connection with the Program that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to the Foundation;
Reverse engineer, decompile, disassemble, reverse assemble, or modify any Program source or object code or any software or other products, services, or processes accessible through any portion of the Program;
Engage in any activity that interferes with a user’s access to the Program or the proper operation of the Program, or otherwise causes harm to the Program, the Foundation, or other users of the Program;
Interfere with or circumvent any security feature of the Program or any feature that restricts or enforces limitations on use of or access to the Program, the Content, or the User-Generated Content (as defined below);
Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Program, including e-mail addresses, without the express consent of such users);
Attempt to gain unauthorized access to the Program, other computer systems or networks connected to the Program, through password mining or any other means;
Submit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature;
Manipulate identifiers, including by forging headers, in order to disguise the origin of any User-Generated Content that you submit;
“Frame” or “mirror” any part of the Program;
Remove any copyright, trademark, or other proprietary rights notices contained on the Program;
Use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Program;
Use online “spiders” or similar technology to copy materials from the Program for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; or
Take any action that imposes or may impose (in the Foundation’s sole discretion) an unreasonable or disproportionately large load on our infrastructure; or (xvi) otherwise violate these Terms of Use.

Content Use Restrictions. You also agree that, in using the Program: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Program by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of the Foundation’s or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms of Use or other additional terms of use the Foundation may adopt and post on the Website homepage from time to time (the “Additional Terms”) or with the prior written consent of the Foundation or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

Availability of Programs and Content. The Foundation may immediately suspend or terminate the availability of the Program and Content (and any elements and features of them), in whole or in part, for any reason, in the Foundation’s sole discretion, and without advance notice or liability.

Reservation of All Rights Not Granted as to Content and Programs. These Terms of Use include only narrow, limited grants of rights to Content and to use and access the Programs. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by the Foundation and our licensors and other third parties. Any unauthorized use of any Content or the Programs for any purpose is prohibited.

User-Generated Content

General. The Foundation may now or in the future offer users of the Website the opportunity to post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the Website, messages, text, files, comments, responses, information, content, results, reviews, suggestions, your image, likeness and voice, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). The Foundation may allow you to do this through “contact us”, email, and other communications functionality. Subject to the rights and license you grant in these Terms of Use, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.

Content Standards. User-Generated Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. The below restrictions (collectively, the “Content Standards”) apply to any and all User-Generated Content and use of the Website. Without limiting the foregoing, the Content Standards require that User-Generated Content must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, the Privacy Policy or the Online Events Code of Conduct.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Non-Confidentiality of Your User-Generated Content. You agree that: (a) your User-Generated Content will be treated as non-confidential—regardless of whether you mark them “confidential,” “proprietary,” or the like — and will not be returned; and (b) the Foundation does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon the Foundation’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms of Use. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with the Foundation, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, services, products or otherwise (collectively, the “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Website or any Program are deemed User-Generated Content and licensed to us as set forth below. In addition, the Foundation retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. The Foundation’s receipt of your Unsolicited Ideas and Materials is not the Foundation of their novelty, priority, or originality, and it does not impair the Foundation’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

License to the Foundation of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User-Generated Content, you hereby grant to the Foundation, our successors and assigns, and you agree to grant to the Foundation, our successors and assigns, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to the Foundation to your User-Generated Content, you also hereby grant to the Foundation, and agree to grant to the Foundation, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6.

Infringement Policy. The Foundation respects the intellectual property of others, and we ask our users to do the same. the Foundation will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent (the “Copyright Agent”) with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website or any Program, with enough detail that we may find it on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe that your User-Generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Generated Content, you may send a written counter-notice containing the following information to the Copyright Agent:

your physical or electronic signature;
- identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the State of Colorado and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, the Foundation will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

The above information should be sent to the Foundation’s Copyright Agent for notice of claims of copyright or other intellectual property infringement by email to the following address: info@thepha.org (Subject line: “DMCA Takedown Request”).

Monitoring and Enforcement; Termination. We have the right to:

Remove or refuse to post any User-Generated Content for any or no reason in our sole discretion.
Take any action with respect to any User-Generated Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Generated Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Foundation.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE FOUNDATION AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Notices and Questions

You agree that: (i) the Foundation may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Website, or in another reasonable manner that we may elect; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information. If you have a question regarding using any Program, you may contact us at info@thepha.org. You acknowledge that the provision of customer support is at the Foundation’s sole discretion and that we have no obligation to provide you with customer support of any kind.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain Content on this Website.
Send emails or other communications with certain Content, or links to certain Content, on this Website.
Cause limited portions of Content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the Content they are displayed with, and otherwise in accordance with any Additional Terms we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain Content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion, including if you violate these Terms of Use.

Limited License to Link to Our Programs. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to each Program, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with the Foundation or cause any other confusion, and (c) the links and the content on your website do not portray the Foundation or our products, services or Programs in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to the Foundation. the Foundation reserves the right to suspend or prohibit linking to any Program for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

Linked-To Websites; Advertisements; Dealings with Third Parties
Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Linked Services; Advertisements. The Programs may contain links, as part of third-party ads on the Programs or otherwise, to or from third-party websites (the “Linked Services”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with the Foundation. The Foundation may have no control over the content, operations, policies, terms, or other elements of Linked Services, and the Foundation does not assume any obligation to review any Linked Services. The Foundation does not endorse, approve, or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, the Foundation is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Services. Finally, the Foundation will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Services. The Foundation disclaims all liability in connection therewith.

Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Programs (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). The Foundation disclaims all liability in connection therewith.

Geographic Restrictions
The Foundation and the owner of the Website are based in the State of Colorado in the United States. The Website and Programs are operated in the United States and are primarily intended for users located in the United States. The Foundation makes no representation that the Website, the Programs, or any related Content, products, or services are appropriate or available for use outside the United States. Access to or use of the Website or Programs may not be legal by certain persons or in certain countries. If you access the Website or Programs from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws, rules, and regulations regarding your online conduct and Content.
The Foundation reserves the right, in its sole discretion, to limit the availability of the Website, the Programs, or the provision of any Content, product, service, or other feature described or made available through them, to any person, entity, geographic area, or jurisdiction, and to limit the quantities of any such Content, product, service, or feature provided. You and the Foundation expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms of Use.
Wireless Features

Wireless Features. The Programs may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access a Program’s features and upload content to the Program, receive messages from the Program, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.

Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Program for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number).

Dispute Resolution

Pre-Arbitration Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Program, the Content, your User-Generated Content, these Terms of Use, the Privacy Policy or the Online Events Code of Conduct whether heretofore or hereafter arising (collectively, the “Dispute”), or to any of the Foundation’s actual or alleged intellectual property rights (an “Excluded Dispute”), then you and the Foundation agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. The Foundation’s notice to you will be sent to you based on the most recent contact information that you provide her. But if no such information exists or if such information is not current, then the Foundation has no obligation under this Section 13. Your notice to the Foundation must be sent via email to: info@thepha.org For a period of sixty (60) days from the date of receipt of notice from the other party, the Foundation and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or the Foundation to resolve the Dispute or Excluded Dispute on terms with respect to which you and the Foundation, in each of our sole discretion, are not comfortable.

Applicability of Binding Arbitration. If you reside in the United States, you and the Foundation agree that any Dispute (other than an Excluded Dispute) shall be resolved exclusively by binding arbitration on an individual basis. This agreement to arbitrate is intended to be a “written agreement to arbitrate” under the Federal Arbitration Act and satisfies the “writing” requirement of that Act.

If you reside outside the United States, this Section does not require arbitration. Instead, any Dispute shall be subject to the Governing Law and Venue sections set forth in these Terms of Use, unless otherwise required by applicable law.

This arbitration agreement applies only to Disputes arising from or relating to your access to or use of the Website, Programs, Content, or related services, and does not create any rights for third-parties or for individuals who have not engaged with the Foundation through such access or use.

Binding Arbitration. IF WE CANNOT RESOLVE A DISPUTE AS SET FORTH ABOVE (OR AGREE TO ARBITRATION IN WRITING WITH RESPECT TO AN EXCLUDED DISPUTE) WITHIN SIXTY (60) DAYS OF RECEIPT OF THE NOTICE, THEN ANY AND ALL DISPUTES ARISING BETWEEN YOU AND THE FOUNDATION (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT—INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE, ANY PROGRAM OR ADVERTISING AVAILABLE ON OR THROUGH THE WEBSITE OR ANY PROGRAM. FOR U.S. RESIDENTS, THE FEDERAL ARBITRATION ACT, NOT STATE LAW, SHALL GOVERN THE ARBITRABILITY OF ALL DISPUTES BETWEEN THE FOUNDATION AND YOU REGARDING THESE TERMS OF USE AND ANY PROGRAM, INCLUDING THE “NO CLASS ACTION MATTERS” SECTION BELOW. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. THE FOUNDATION AND YOU AGREE, HOWEVER, THAT THE APPLICABLE STATE, FEDERAL OR PROVINCIAL LAW, AS CONTEMPLATED BELOW, SHALL APPLY TO AND GOVERN, AS APPROPRIATE, ANY AND ALL CLAIMS OR CAUSES OF ACTION, REMEDIES, AND DAMAGES ARISING BETWEEN YOU AND THE FOUNDATION REGARDING THESE TERMS OF USE AND ANY PROGRAM, WHETHER ARISING OR STATED IN CONTRACT, STATUTE, COMMON LAW, OR ANY OTHER LEGAL THEORY, WITHOUT REGARD TO ANY JURISDICTION’S CHOICE OF LAW PRINCIPLES.

Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal representative of the Foundation consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident, then it will be conducted in Denver, Colorado. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require the Foundation to pay a greater portion or all of such fees and costs in order for this Section 8 to be enforceable, then the Foundation will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms of Use and will determine any Dispute according to applicable law and facts based upon the record and no other basis and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms of Use or the Program. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.

One Year Limit to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR the Foundation WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR THE FOUNDATION MUST COMMENCE IT BY DELIVERY OF WRITTEN NOTICE AS SET FORTH ABOVE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. As used herein, “Commence” means, as applicable: (a) the delivery of written notice as set forth above; (b) the filing for arbitration as set forth above; or (c) the filing an action in state, federal or provincial court.

Injunctive Relief. The foregoing provisions of this Section 13 will not apply to any legal action taken by the Foundation to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to any Program, any Content, your User-Generated Content or the Foundation’s intellectual property rights (including such the Foundation may claim that may be in dispute), the Foundation’s operations and/or the Foundation’s products or services.

No Class Action Matters. YOU AND THE FOUNDATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court as provided below. Notwithstanding any other provision of this Section 8, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this Section 13), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

Governing Law. All matters relating to the Website and these Terms of Use and any Dispute or Excluded Dispute arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Venue. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in the courts of the State of Colorado sitting in Denver, or the United States District Court for the District of Colorado. Accordingly, you and the Foundation consent to the exclusive personal jurisdiction and venue of such courts for such matters and irrevocably waive any claim of “forum non conveniens”. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either you or the Foundation may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.

Disclaimer of Representations and Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH THE FOUNDATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOUR ACCESS TO AND USE OF ANY PROGRAM IS AT YOUR SOLE RISK. ALL PROGRAMS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, the Foundation and each of our employees, agents, Program guests, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Indemnified Parties” and, each, an “Indemnified Party”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

any Program (including the Content and the User-Generated Content);
1. the functions, features, or any other elements on, or made accessible through, any Program;
1. any products, websites or instructions offered or referenced at or linked through any Program;
1. security associated with the transmission of your User-Generated Content transmitted to the Foundation via any Program;
1. whether any Program or the servers that make any Program available are free from any harmful components (including viruses, trojan horses, and other technologies that could adversely impact your Device);
1. whether the information (including any instructions) on any Program is accurate, complete, correct, adequate, useful, timely, reliable or safe;
1. whether any defects to, or errors on, any Program will be repaired or corrected;
1. whether your access to any Program will be uninterrupted, timely, secure or error-free;
1. whether any Program will be available at any particular time or location; and
1. whether your use of any Program is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

Indemnity
You are solely responsible for your conduct and Content on the Website and Programs. You agree to, and you hereby, defend, indemnify, and hold Indemnified Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Indemnified Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of any Program and your activities in connection with any Program; (iii) your breach or alleged breach of these Terms of Use or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of any Program or your activities in connection with any Program; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Indemnified Parties’ use of the information that you submit to the Foundation (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Indemnified Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Indemnified Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Indemnified Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an Indemnified Party.
The indemnity obligations set forth in this Section 15 is in addition to, and not in lieu of, the limitations of liability set forth in Section 16.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FOUNDATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY PROGRAM, ANY CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR ANY PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF ANY PROGRAM AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID THE FOUNDATION TO ACCESS THE PROGRAM OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY THE FOUNDATION.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

For indemnity obligations arising from your conduct or Content, please refer to the indemnity provisions set forth in Section 15.

Updates to Terms of Use

These Terms of Use, in the form posted at the time of your use of the applicable Program to which it applies, shall govern such use (including transactions entered during such use). AS OUR PROGRAMS EVOLVE, THE TERMS OF USE UNDER WHICH THE FOUNDATION OFFERS THE PROGRAMS MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAMS UNDER THE TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE ANY PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH THE FOUNDATION ON THE THEN APPLICABLE TERMS OF USE AND YOU AGREE THAT WE MAY NOTIFY YOU OF ADDITIONAL TERMS BY POSTING THEM ON THE WEBSITE HOMEPAGE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR ACCESS TO ANY PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use each time you use any Program (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that the Foundation posts them, or such later date as may be specified in them or in other notice to you. However, these Terms of Use (and any applicable Additional Terms) that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms of Use are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing listening to the Programs and related websites.

Terms Applicable For Apple Device Users

If you are accessing or using any Program through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a Device herein referenced as an “Apple Device”):

To the extent that you are accessing the Program through an Apple Device, you acknowledge that these Terms of Use are entered into between you and the Foundation and, that Apple is not a party to these Terms of Use other than as third-party beneficiary as contemplated below.
1. The license granted to you in Section 1 of these Terms of Use is subject to the permitted Usage Rules set forth in the Apple App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Program.
1. You acknowledge that the Foundation, and not Apple, is responsible for providing the Program and Content thereof.
1. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Program.
1. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Program.
1. Notwithstanding anything to the contrary herein, and subject to these Terms of Use, you acknowledge that, solely as between Apple and the Foundation, the Foundation and not Apple is responsible for addressing any claims you may have relating to the Program, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Program fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
1. Further, you agree that if the Program, or your possession and use of the Program, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
1. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
1. When using the Program, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Program.
1. You represent and warrant that: (i) you are not located in a country that is subject to a United States government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
General Provisions

The Foundation’s Consent or Approval. As to any provision in these Terms of Use that grant the Foundation a right of consent or approval, or permits the Foundation to exercise a right in our “sole discretion,” the Foundation may exercise that right in our sole and absolute discretion. No opt-in consent or approval may be deemed to have been granted by the Foundation without being in writing and signed by the Foundation.

Communications. As permitted by applicable law, when you communicate with the Foundation electronically, such as via email and text message, you consent to receive communications from our electronically. Please note that the Foundation is not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that the Foundation provides to you electronically satisfy any legal requirement that such communications be in writing.

Investigations; Cooperation with Law Enforcement; Termination; Survival. The Foundation reserves the right, without any limitation, to: (i) investigate any suspected breaches of security or our information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms of Use, (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms of Use, and (vi) discontinue any Program, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to the Foundation under these Terms of Use. Upon suspension or termination of your access to any Program, or upon notice from the Foundation, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue access to the Programs. The provisions of these Terms of Use (including the terms applicable to User-Generated Content), which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to the Foundation in these Terms of Use, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

Assignment. The Foundation may assign our rights and obligations under these Terms of Use, in whole or in part, to any party at any time without any notice. These Terms of Use may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of the Foundation.

No Waiver. Except as expressly set forth in these Terms of Use: (i) no failure or delay by you or the Foundation in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms of Use will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict the Foundation’s right to amend these Terms of Use as otherwise permitted herein.

Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet website provider, mobile service, and other services needed for your access to the Programs and you will be responsible for all charges related to them.

Severability; Interpretation. If any provision of these Terms of Use is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms of Use, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Use (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms of Use, the word will be deemed to mean “including, without limitation,”. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms of Use.

Entire Agreement. These Terms of Use, the Privacy Policy and the Online Events Code of Conduct constitute the sole and entire agreement between you and the Foundation regarding the Website, the Programs and any Content related thereto and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, the Programs and the Content.

If you have questions or suggestions, please contact us at info@thepha.org.

This website is operated by Patient Health Alliance located at 1540 Main Street, Suite 208, Box #192, Windsor, CO 80550-7914

All notices of copyright infringement claims or requests for removal of allegedly infringing material should be sent to the Copyright Agent at info@thepha.org.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@thepha.org.