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By using PREPARE, you agree to the Terms of Use and Privacy Policy.
The PREPARE website is copyrighted. Its use is subject to the “Terms of Use” listed below.
PREPARE materials can be used freely by individuals for personal use who agree to the Terms of Use. It is OK to print materials directly from the PREPARE website for individual use. Please ONLY download and use materials directly from the PREPARE website. We update materials often based on state law and other changes. It is also OK to provide the “PREPAREforYourCare.org” URL in written or web-based materials, except that a license is required to use the URL in bulk public health messaging (e.g., via patient portal in an electronic health record, email, or SMS text message).
All other uses of PREPARE materials require a license, including to (i) post or distribute PREPARE PDFs or any other PREPARE materials on other parties’ websites or other platforms; (ii) include PREPARE materials within other parties’ print or electronic materials; (iii) modify (e.g., cobrand, white label, or change any text of) any PREPARE materials; (iv) use PREPARE materials in research, quality improvement initiatives, or for data reporting purposes; or (v) use or reproduce PREPARE materials for commercial purposes.
For licensing options, visit Partner with PREPARE.
Last modified: November 15, 2024
1. ACCEPTANCE OF THE TERMS OF USE:
These Terms of Use ("Terms of Use") constitute a legal agreement between You and the Regents of the University of California, including its affiliates, subsidiaries, officers, employees, contractors, agents, and service providers (the "University," "we," "our," or "us") with respect to your access to and use of the website located at https://prepareforyourcare.org/ (the “Website”), and the graphics, documents, medical planning, and decision-making forms ("Forms"), information and/or content provided through the Website (collectively, the "Content"). Your access to and use of the Website is subject to the terms and conditions set forth herein and in those additional guidelines, rules, and operating policies that we may establish and make available on or through the Website from time to time, including, but not limited to, our Privacy Policy located at https://prepareforyourcare.org/privacy, all of which are incorporated herein by reference (collectively, the “Policies”). By using the Website and/or the Content, you agree to be bound by each of the terms and conditions set forth herein and the Policies.
Please read the Terms of Use carefully before you use the Website and/or the Content. By accepting this agreement, or by checking a box on the Website in connection with the Terms of Use, or by otherwise accessing and using the Website and/or the Content, you accept and agree to be bound and abide by each of the terms and conditions set forth in the Policies. If you do not agree to the Policies, you cannot access or use the Website and/or the Content.
Subject to the terms and the conditions set forth in this Terms of Use, during the Term (as defined below), you have the limited, personal, non-exclusive, and non-transferable rights to access and use the Website and/or the Content in the Territory (as defined herein) solely for your personal purposes in accordance with the Website's and/or the Content's intended uses. We reserve all other rights in the applicable Website and/or the Content not granted to you in writing in this agreement. If you violate the Policies, your authorization to use the Website and/or the Content terminates automatically. In this Terms of Use, “Territory” means the United States of America.
To access and/or use the Website and/or the Content, you acknowledge and agree:
a. You are at least 18 years of age;
b. You are capable of forming a binding contract with us;
c. You are not a person who is prohibited from using the Website and/or the Content under the laws of the United States or any other applicable jurisdiction.
You must not access or use the Website and/or the Content if you do not meet these requirements. These Terms of Use are effective as of the date that you first begin to use the Website and/or the Content. You agree that your access and use of the Website and/or the Content is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by us with respect to future functionality or features.
2. CHANGES TO THE TERMS OF USE:
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and/or the Content thereafter.
Your continued use of the Website and/or the Content following the posting of updated Terms of Use will be considered your understanding of and agreement to the revised terms.
3. ACCESSING THE WEBSITE AND ACCOUNT SECURITY:
a. You may access and use the Website and/or the Content by creating an account with the Website ("Account"), but it is not necessary to create an Account to access or use the Website and/or the Content. If you access and use the Website and/or the Content without creating an Account, you acknowledge and agree that we will not be able to retain any information that you enter on or through the Website and/or the Content, including, without limitations, the information you enter in the Forms (“User Information”). If you create an Account, any User Information that you provide will be stored and should be accessible by you at a later time. However, you acknowledge and agree that User Information will be available on an "AS-IS" and "AS-AVAILABLE" basis and that we make no representations, warranties, or guarantees regarding the availability of User Information.
b. If you create an Account on the Website, you will be required to provide a valid email address and create a unique password (together, the “Password”). You agree to maintain your Password and your Account in strict confidence. In the event your Password is lost, or your Password or Account is compromised (or is suspected to be), as the case may be, you agree you will be responsible solely for all actions, damages, liabilities, and losses incurred as a result of such loss or compromise, except to the extent arising from our gross negligence or willful misconduct. In connection with your Account, you hereby represent and warrant that all information you provide us is and will be truthful and accurate in all material respects. We disclaim any liability arising from your failure to provide truthful and accurate information in all material respects.
c. We may collect personally identifiable information about you, which generally includes, but is not limited to, IP address, geographic location, and contact information you input when you register for an Account and/or User Information. Also, information about your computer hardware and software may automatically be collected by the Website, including, but not limited to, browser type, domain names, access times, and referring website addresses. You hereby consent to our use and disclosure of such information in connection with: (i) our provision of the Website and/or Content and the enforcement of their rights hereunder; and (ii) the creation of benchmarking, statistical, research, and marketing analyses, surveys, reports, and studies based on aggregated, blinded, non-personally identifiable formats that do not identify, reference, or imply an association with you. For the purposes set forth in subsection (ii) hereinabove, you hereby grant the University a non-exclusive, perpetual, Territory-wide, fully paid, royalty-free license.
d. We reserve the right to withdraw or amend this Website and any service or Content 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, Content, and/or User Information is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
e. You are responsible for both:
Making all arrangements necessary for you to have access to the Website and/or the Content.
Ensuring that all persons who access the Website and/or the Content through your Account are aware of these Terms of Use and comply with them.
e. You should use particular caution when accessing your Account from a public or shared device so that others cannot view or record your Password or other personal information.
f. We have the right to deactivate any Account or Password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Policies.
4. INTELLECTUAL PROPERTY RIGHTS:
OWNERSHIP: All right, title, and interest in and to the website known as PREPARE (“Licensed Material”) shall at all times remain with The Regents of the University of California (“The Regents”). User acknowledges that the Licensed Material is a copyrighted work and as such is protected by the copyright laws of the United States and by international treaties. User shall not copy, distribute, modify, or publicly display, nor permit any of its personnel to copy, distribute, modify, or publicly display the same for any purpose that is not specifically authorized under this Agreement.
PERSONAL USE LICENSE: The Licensed Material may be used by individuals (Users) for personal use, in which case The UC Regents grants the User a fully paid-up (i.e., no fees), nonexclusive, nontransferable, revocable right, without the right to sublicense, to reproduce, distribute, and publicly display the Licensed Material. All Users agree that they will not provide the Licensed Material to any other individual or organization not specifically authorized by this Agreement. The User may not modify or change the Licensed Material.
LICENSE FOR OTHER USES: All other uses, including those by companies, institutions, organizations, and agencies, require a separate license agreement from The Regents, except that (i) materials can be printed directly from the PREPARE website for individual use and (ii) a link to “PREPAREforYourCare.org” can be provided in written or web-based materials, excluding bulk public health messaging (e.g., via patient portal in an electronic health record, email, or SMS text message).
A separate license is required to (i) post or distribute PREPARE PDFs or any other PREPARE materials on other parties’ websites or other platforms; (ii) include PREPARE materials within other parties’ print or electronic materials; (iii) modify (e.g., cobrand, white label, or change any text) or create derivative works of any PREPARE materials; (iv) use PREPARE materials in research, quality improvement initiatives, or for data reporting purposes; or (v) reproduce PREPARE materials for commercial purposes.
USE OF NAME: Nothing in this Agreement shall be construed as conferring rights to use in advertising, publicity or otherwise any trademark, trade name, service mark or the name of "University of California" or "The Regents of the University of California" or any abbreviation thereof. However, the use of The Regents' name as associated with the copyright notice for the Licensed Material shall not be restricted.
User understands that THE REGENTS MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE AUTHORED WORK WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS. COPYRIGHT NOTICE
APPLICABLE LAW: This agreement shall be governed by and construed in accordance with the laws of the State of California.
Also see 17. INDEMNIFICATION OBLIGATIONS AND LIABILITY below.
4.B OTHER INFORMATION:
All Content, all software embedded in the Website, all rights, title, and interest in and to the Website, including, without limitation, in and to the University's owned or controlled graphics, logos and trademarks, applications, multimedia content, or other information, and the look, feel, layout and organization of the Website (collectively the “Materials”) and services available on the Website are the sole property of the University and/or its licensors. By using the Website and the Content, you acknowledge that any unauthorized or uncited use of the Materials risks violating copyright, trademark, patent, and intellectual property laws.
These Terms of Use permit you to use the Website and/or Content only for personal, non-commercial use.
Except as permitted herein and/or by the functionalities of the Website, without a separate license agreement with the University, you must not:
Use the Website, Content, and/or Materials as part of or on behalf of any for-profit or non-profit companies, institutions, organizations, or agencies as part of a service, product, clinical demonstrations, and/or research projects, including without limitation, quality improvement projects, studies, grants or any form of publication
Appropriate or attribute the Materials to any other for-profit or non-profit company, institution, organization, or agency, including, without limitation, rebranding the Materials with the trademarks, logos, name, service mark, or trade dress of any other entity or person
Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials or the Website
Change or modify copies of any Materials and/or Content from the Website, including, without limitation, the Forms, pamphlets, advance directives, questions, and/or toolkits contained on the Website.
Use any charts, graphs, or other graphics or displayed information separately from the accompanying text, watermark, copyright statement, or trademark.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from the Website.
You must not access or use for any commercial, non-profit, educational, or research purposes any part of the Website, Content, and/or any services or Materials available through the Website. In the event you, or an entity that you represent, desires to add your own branding, trademarks, logos, service marks, or trade dress to or modify the Website, Content, and/or any services or Materials available through the Website, please see Partner with PREPARE for information about how to request a license for your purposes.
Except as provided herein, if you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Materials in breach of the Terms of Use, your right to use the Website and/or Content will stop immediately. 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, the Materials, or any Content is transferred to you, and we and our licensors reserve all rights not expressly granted. Any use of the Website and/or Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
5. TRADEMARKS:
Our names, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the University or its licensors, as applicable ("Trademarks"). You must not use such trademarks without the prior written permission of the University or its licensors, depending on the appropriate owner of such Trademarks. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners, and you must not use such trademarks without the prior written permission of their respective owners.
6. CONTENT AND DATA:
You are solely responsible for any User Information you submit, receive, share, and store on or through the Website or the Forms. User Information includes, but is not limited to, data, information, materials, or text that are uploaded, transmitted, generated, stored, or otherwise made available on or through the Website. You are not obligated to provide any User Information through the Website or the Forms, and you are free to choose the User Information you want. The Forms and the Content may permit you to provide any User Information you desire through open-ended free-text entry fields. You acknowledge and agree that the provision of sensitive personal information is not required for you to complete the Forms or use the Website and/or Content, and specifically request that you refrain from entering sensitive personal information such as financial, bank, or credit card information and social security numbers. If you provide sensitive personal information through Forms or the other functionalities of the Website, you acknowledge and agree to do so at your sole risk and discretion. You acknowledge certain functionality of the Website and/or Content may be dependent on the provision of User Information and may not be available without such User Information.
We implement appropriate technical, organizational, and administrative safeguards to protect your User Information ("Appropriate Safeguards"). You acknowledge and agree that while we implement Appropriate Safeguards, your User Information is transferred to, stored, and retained on or through third-party systems over which we have no control and cannot warrant or guarantee that such third-party service providers shall provide or maintain Appropriate Safeguards. You acknowledge and agree that you provide and store any User Information at your sole risk and release us, including all our affiliates, subsidiaries, officers, employees, contractors, agents, and service providers, from any responsibility or obligations to protect any of your User Information transferred, stored or retained by or using third-party service providers.
Your User Information remains yours, meaning that you retain any intellectual property rights in your User Information. By sharing your User Information on the Website and/or Forms, you hereby grant us a license to use your User Information in connection with the operation of the Website, provision of the Content, and the other purposes expressly set forth in this Agreement.
We may collect, derive, or generate de-identified and/or aggregated data regarding your usage of or the performance of the Website and/or Content, including de-identified and/or aggregated data derived from your User Information. We will own all de-identified and/or aggregated data and may use this data without restriction, including, but not limited to, operating, analyzing, and improving the Website and/or Content.
As between you and us, we and our licensors retain all rights, titles, or interests in and to the Website and/or Content, except for the rights granted to you.
7. FEEDBACK:
You may provide us with feedback, suggestions, or ideas for the Website and/or Content. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use your feedback, suggestions, and ideas in future modifications of the Website and/or Content or other products or services.
8. MONITORING AND ENFORCEMENT; TERMINATION:
We may suspend or terminate your use of the Website. Terminating your use of the Website may not delete the data stored on the servers associated with the Website.
These Terms of Use are effective until we terminate these Terms of Use, the Website, or your Account.
Upon termination of your Account or these Terms of Use, you must immediately stop using the Website and/or Content.
We have the right to:
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and/or Content.
Terminate or suspend your access to all or part of the Website and/or Content for any or no reason, including, without limitation, any violation of these Terms of Use.
Without limiting the preceding, 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 using the Website and/or Content. YOU AGREE TO WAIVE AND HOLD HARMLESS THE UNIVERSITY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM THE ACTIONS TAKEN BY LAW ENFORCEMENT AUTHORITIES OR COURTS WITH APPROPRIATE JURISDICTION ("LEGAL AUTHORITIES") OVER YOU OR THE UNIVERSITY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH LEGAL AUTHORITIES.
9. FORCE MAJEURE:
Any computer system, service, or electronic device, whether yours, an internet service provider's, a mobile network operator's, or ours, can experience unanticipated outages, slowdowns, or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations, and other problems, you may experience difficulty accessing the Website and/or Content or communicating with us through the internet or other electronic and wireless services. We will not be liable for any delay or failure to perform any obligation.
10. RELIANCE ON INFORMATION POSTED:
The information presented on or through the Website and/or Content is made available solely for general information purposes. We do not warrant this information's accuracy, completeness, or usefulness. 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 authorized user of the Website or by anyone who may be informed of any of the Content.
The Website and/or Content may include content provided by third parties. All statements and/or opinions expressed on the Website and/or in the Content, and all responses to inquiries and/or requested information and other content, 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 University. 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.
THE WEBSITE AND/OR THE CONTENTS DO NOT CONSTITUTE MEDICAL OR LEGAL ADVICE AND SHOULD NOT BE RELIED ON, AND ANY SUCH RELIANCE IS SOLELY AT YOUR OWN RISK. We recommend having your trusted medical and/or legal advisors (e.g., doctors, nurses, attorneys, etc.) review the Forms for accuracy, correctness, and/or enforceability.
11. CHANGES TO THE WEBSITE:
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any material or Content on the Website may be out of date at any given time, and we are under no obligation to update such material or Content.
12. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE:
All information we collect on this Website is subject to our Privacy Policy at https://prepareforyourcare.org/privacy. By using the Website or the Content and/or agreeing to these Terms of Use, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
13. LINKS FROM THE WEBSITE:
If the Website contains links to other sites and resources provided by the University and/or third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage arising from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Furthermore, when you click links or access third-party websites from the Website, the providers of those websites may receive information about you that you or others share with them. Please note that when you use third-party websites and services that are not governed by our Policies, we shall have no responsibility or liability for such usage. Such third-party's terms of use and privacy policies will govern.
14. GEOGRAPHIC RESTRICTIONS:
We provide the Website and/or Contents for use only by persons in the United States. We make no claims that the Website and/or Contents are accessible or appropriate outside of the United States. Access to the Website and/or Contents may not be legal by certain persons or in certain countries. If you access the Website and/or Contents from outside the United States, you do so on your initiative and are responsible for compliance with local laws.
15. DISCLAIMERS:
WE DO NOT MAKE ANY WARRANTIES ABOUT THE WEBSITE AND/OR CONTENT. YOU HEREBY AGREE YOUR USE OF THE WEBSITE, FORMS, AND/OR CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE RESPONSIBLE SOLELY FOR ANY RELIANCE ON THE WEBSITE, DAMAGE OR LOSS TO YOU OR YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE, FORMS, AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE DOWNLOAD AND/OR USE OF FILES, FILES, AND/OR ANY GRAPHICS OR OTHER CONTENT. THE WEBSITE AND/OR CONTENT IS PROVIDED “AS-IS” AND "AS AVAILABLE," AND WE DO NOT MAKE ANY WARRANTIES ABOUT THE WEBSITE AND/OR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATION AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE AND/OR CONTENT IS ERROR-FREE, SECURE, OR FREE FROM ANY VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT OR THIRD PARTY CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, CONTENT, AND/OR FORMS OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE AND/OR CONTENT OR THAT DEFECTS IN THE WEBSITE AND/OR CONTENT WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF YOUR ACCESS AND USE OF THE WEBSITE, CONTENT, AND/OR FORMS.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF THE CONTENT OBTAINED FROM THIRD-PARTY DATA SOURCES THAT ARE DISPLAYED OR LINKED THROUGH THE WEBSITE.
WE DO NOT REPRESENT OR WARRANT THAT WE WILL BE ABLE TO RETRIEVE YOUR ACCOUNT DATA.
ANY INFORMATION PROVIDED BY OR THROUGH THE WEBSITE AND/OR CONTENT DOES NOT CONSTITUTE MEDICAL, LEGAL, OR OTHER ADVICE.
16. LIMITATION ON LIABILITY:
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, LOST PROFITS, REMOTE, COVER, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM THESE TERMS OF USE, OUR PRIVACY POLICY, OR THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE OR BUSINESS OPPORTUNITY OR LOSS OF DATA, GOODWILL OR ANTICIPATED SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY ACTION OF ANY THIRD PARTY OR ANY THIRD PARTY-PUBLISHED CONTENT. OUR MAXIMUM LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CLAIMS ARISING OUT OF THESE TERMS OF USE AND/OR FROM THE USE OF THE WEBSITE, THE CONTENT, AND/OR FORMS, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, IS LIMITED TO ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OUR PRIVACY POLICY, OR THE WEBSITE, CONTENTS AND/OR FORMS MUST BE COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. INDEMNIFICATION OBLIGATIONS:
You agree to defend, indemnify, and hold harmless the University, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, demands, losses, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys' fees) or claims of injury arising out of or relating to: (i) the User’s use of the Licensed Material, including but not limited to, any use of the Licensed Material that is not authorized under this Agreement; (ii) your breach of any term or condition, or any of your representations or warranties, set forth in these Terms of Use and/or the Policies; (iii) any interactions with a third-party; (iv) any Content accessed by you or through your Account; and/or (v) your violation of applicable law.
18. DISPUTES:
If we cannot resolve any dispute through an informal dialogue, a third-party arbitrator will help us resolve any disputes we might have, and any disputes will be resolved on an individual basis rather than as a class action.
19. GENERAL TERMS (MISCELLANEOUS):
a. Waiver and Severability:
No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
b. Assignment:
We may assign the Website and these Terms of Use to any party at any time without notice to you. You may not assign your rights under this agreement, by operation of law or otherwise, without our consent. Any attempts to do so without our consent will be void.
c. Entire Agreement:
The Terms of Use and our Policies constitute the sole and entire agreement with you regarding the Website and/or Contents and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and/or Contents.
d. Your Comments and Concerns:
All feedback, comments, requests for technical support, and other communications relating to the Website and/or Content should be directed to info@prepareforyourcare.org.