CAPC Website & Materials Terms of Use

Note: Please read the following Agreement. We have made an effort to keep this Agreement concise and understandable. If you have any questions about any provision, we encourage you to contact us. Thank you!

This User Agreement (“Agreement”) describes the terms and conditions that govern the relationship between the Center to Advance Palliative Care (“we”, “us”, or “CAPC”) and you, the registrant and/or user (“you” or “user”), of our CAPC services. By registering for, logging into, or using CAPC services, you agree to these terms as updated from time to time in accordance with below.

~ you are authorized to access our services ~

1. By registering for, or logging into, CAPC with a member user account, you warrant that the information provided is true and correct, and that you are authorized to use our system and services through an institution or organization with a valid and current CAPC Membership Services Agreement (“Member Institution”).
2. By registering, or logging in, you agree:
   a. You will not provide any false personal information, or create an account for anyone other than yourself without permission.
   b. You will not create more than one account, and if we disable your account, you will not create a new one without our permission.
   c. You will not share your password, let anyone else use your account, or do anything that might jeopardize the security of your account.
   d. You will not transfer your account to anyone without first obtaining our permission.

~ you will use our materials appropriately ~

1. Your access to CAPC products and services (“Materials”) is contingent on using them appropriately. Therefore, you will not copy, share, or otherwise use our Materials for any purpose other than palliative care education, development, or improvement of your Member Institution’s health care services. You are expressly prohibited from selling or otherwise distributing, transferring, or disseminating CAPC Materials for monetary gain.
2. The CAPC website and all viewable and discoverable content therein (including without limitation all data, text, images, audio, video, or code) is owned by CAPC and its licensors, including any Materials to which you are granted access. A limited, revocable, conditional, non-transferable, non-sublicensable license is granted to you to view this site and use the Materials as described in the preceding section, provided you adhere to all of the terms of this Agreement.
3. You agree that any material breach of the preceding sections may result in irreparable harm to CAPC for which damages alone would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, CAPC shall be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.

~ you will adhere to our code of conduct ~

1. We want all members of the CAPC community to feel welcome and treat each other with respect and good will. Therefore, you agree to adhere to the following:
   a. You will use not use the CAPC website for any unlawful, misleading, malicious, or discriminatory purpose.
   b. You will not solicit login information or access an account belonging to someone else.
   c. You will not bully, intimidate, or harass any user or other member of the CAPC community.
   d. You will not post or link to inappropriate content, such as content that is threatening, hateful, pornographic, or incites violence.
   e. You will not post unauthorized commercial communications (such as spam) on CAPC’s website.
   f. You will not collect users' content or information, or otherwise access the system, using automated means (such as harvesting bots, robots, spiders, or scrapers).
   g. You will not upload viruses or other malicious code.
   h. You will not do anything that could disable, overburden, or impair the proper working or appearance of CAPC’s website.
   i. You will not facilitate or encourage any violations of this Agreement.

~ you understand that our materials are for informational purposes only ~

1. Our mission is to educate health care professionals by providing tools, training, and technical assistance to improve palliative care programs. We provide these Materials for informational purposes only. Under no circumstances will the provision of such Materials be considered offering medical advice.
2. You agree to release, defend, discharge, indemnify, and hold harmless CAPC, its officers, directors, members, employees, staff, volunteers, representatives, independent contractors or affiliates, (“Representatives”) for any and all claims, demands, or suits, arising out of or relating to your use of the CAPC website, or any CAPC Materials provided under this Agreement. Neither CAPC, nor its Representatives, shall have any liability relating to or resulting from the use of Materials or any error or omission therein. All Services are provided by CAPC on an advisory basis and shall in no way create a relationship with, or duty to, any customer, client, patient, beneficiary, or other recipient of services of you or your staff.

~ other information ~

1. Right to Control Access. CAPC reserves the right, in its sole discretion, to deny or otherwise restrict your access if we have reason to believe you are violating any provision of this Agreement, or otherwise acting in an inappropriate manner with respect to its Materials. CAPC may also deny or restrict your access if you or your Member Institution is in breach of either this Agreement or the CAPC Membership Services Agreement.
2. Right to Collect Usage Data and Share with your Member Institution: CAPC collects certain data on your use of CAPC’s website and related services. You agree that CAPC is entitled to collect such information, and may share this data with your Member Institution at that Institution’s request. However, CAPC will not share any personally identifiable data on your usage with third parties. More information on how CAPC uses and shares data can be found in our Privacy Notice.
3. Right to Modify This Agreement. From time to time, we may update, modify, or correct this Agreement. The most recent modification date can be found at the end of this section, we encourage you to review these terms periodically. Your continued use of the CAPC website following changes to our Agreement constitutes your acceptance of our amended terms.
4. No Breach for Interruptions; NO WARRANTIES. While CAPC will endeavor to maintain uninterrupted and high-quality systems and materials, interruptions, delays, or other technical issues, regardless of the nature or cause, shall not be considered a breach of this Agreement. ALL INFORMATION, MATERIALS, SYSTEMS, PRODUCTS, AND SERVICES PROVIDED BY CAPC ARE ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Further, we are not responsible for the acts or omissions of any third parties. You release us and our Representatives from any claim or damages arising out of, or in any way connected with, any claim you have against such third parties.
5. Dispute Resolution. In the event of any dispute arising out of or relating to this Agreement, the parties shall, in good faith, attempt to resolve the dispute through informal negotiations. If negotiations are unsuccessful, the dispute shall be settled by final and binding arbitration in New York, New York in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
6. Miscellaneous. This Agreement along with all other applicable agreements (including but not limited to the applicable CAPC Membership Services Agreement, whose terms shall control if its terms conflict with this Agreement, constitute the entire agreement between the parties and supersedes all prior agreements, versions, and understandings (written or oral) concerning the subject matter hereof. This Agreement is governed and construed by laws of the State of New York, and any adjudication shall take place in New York County, New York, regardless of any conflict of law principles to the contrary. If any section of this Agreement is held to be invalid or unenforceable, the remaining sections shall not be affected. In such event, the invalid or unenforceable provision(s) shall be changed and interpreted so as best to accomplish such provision’s objective. The failure of CAPC to exercise or enforce its rights under this Agreement shall not be construed as waiver of such rights.
7. This Agreement was updated on August 24, 2022.