PEDIATRIC PALLIATIVE CARE COALITION’S TERMS OF USE AND END-USER LICENSE AGREEMENT   The Pediatric Palliative Care Coalition is a 501©(3) Pennsylvania based state wide coalition whose mission is to provide resources to families, volunteers and medical professionals caring for children with life-limiting illnesses. (“PPCC”, “us” or “we”)  PPCC’S Terms of Use and End User License Agreement (“Agreement”) set forth herein are the terms and conditions upon which you may download and use the PPCC software application, related services, and all updates, enhancements, and upgrades provided to you (collectively, “App”) and the information and other content on the PPCC website and subdomains registered by PPCC. (“Site”). BY INSTALLING AND/OR USING THE PPCC APP, PPCC’S SITE AND ANY OF PPCC’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND THAT THIS WILL BE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PPCC.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL OR USE THE SOFTWARE OR USE THE SITE.  YOUR ACCESS AND USE OF THE APP AND SITE IS SUBJECT TO THE TERMS OF OUR PRIVACY POLICY AVAILABLE AT (FILL IN LINK PRIVACY POLICY). YOU FURTHER UNDERSTAND, ACKNOWLEDGE AND AGREE THAT PPCC IS NOT A HEALTH CARE PROVIDER, DOES NOT GIVE MEDICAL ADVICE OR TREATMENT AND DOES NOT ENDORSE OR RECOMMEND ANY OF THE LISTED FACILITIES, SERVICE PROVIDERS OR SUPPORT GROUPS HEREIN.  PPCC OFFERS THE INFORMATION ON THE APP AND SITE AS A RESOURCE ONLY.  PPCC DOES NOT PRE-SCREEN OR PRE-EVALUATE THE FACILITIES OR PROVIDERS, NOR DOES PPCC PRE-SCREEN, PRE-EVALUATE OR CONSIDER THE MEDICARE/MEDICAID STATUS OF THE PROVIDERS. BY ACCESSING AND USING THE APP AND/OR SITE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER.

Permitted Use and Restrictions

1.    Access to App and Site.  Anyone may access the publicly available content on the App and Site.  However, you will be required to register for an account with us before you will be entitled to use certain services on the App and Site.
  1. Grant of License and Reservations. Subject to the terms of this Agreement,
PPCC grants you a limited, non-exclusive, revocable, non-transferable license to install and use the App and any future fixes, updates and upgrades provided to you solely for the purpose of providing you with important information about your child’s health and other information and resources. The App is licensed, not sold to you, by PPCC for use only under the terms of this Agreement and PPCC reserves all rights not expressly granted to you. The rights granted in this Agreement are limited to PPCC’s intellectual property rights in the App and Site and do not include any other patents or intellectual property rights.  You agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the App, in whole or part, or transmit or communicate the App over a network or to any third party.  Further, you agree not to develop, sell, or distribute applications that are capable of launching, being launched from, or are otherwise integrated with, the App or content accessed through the App without PPCC’s express written permission.
  1. Further Restrictions. You further agree to not use the App and/or Site to do the following:
    • Transmit, access, or communicate any information or data concerning another person without his/her permission;
    • Infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • Transmit or communicate any data that contains software viruses or any other computer code, files, or programs designed, intended, or likely to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment;
    • Use the App and/or Site in any unlawful manner, for any unlawful purpose, or any manner inconsistent with this Agreement;
    • Transmit or communicate any information or data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.

Patient Information

You acknowledge and agree that the App and Site may be used to transmit, collect, access and manage patient information and that such patient information may be stored by PPCC and/or its licensees and service providers in connection with providing the services on the App and Site.  You acknowledge and agree that the patient information stored by PPCC shall not serve as the system of record for any patient, personal representative of a patient, health care provider, any business associate of a health care provider, or any affiliates of the foregoing. As used herein, “patient information” means information and data relating to the provision of health care to patients, their health status, medical records, and related information and documents.

Medical Advice Disclaimer

PPCC does not provide medical advice, diagnoses, or treatment. PPCC is not involved in giving any professional medical advice and you should obtain your own professional medical advice relevant to your particular circumstances.  Any information contained on the App and Site is for informational purposes only. You acknowledge and agree that the App and Site is only a conduit of information provided by independent third party healthcare providers, including physicians, physician assistants, nurses, paramedics, emergency care responders, other physician extenders, healthcare systems, healthcare facilities, or other providers of healthcare services (collectively, “HealthcareProviders”). You acknowledge and agree that the Healthcare Providers are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Healthcare Providers as they, in their sole discretion, deem appropriate. PPCC will have and exercise no control, authority, or supervision over the provision of any medical services or other professional health care services.

Registration

When you log in, you will be asked to provide various information, including medical information, regarding you and your child. You represent that this log in information is true and correct to the best of your knowledge and that you will promptly update changes to this information. You are responsible for protecting your login password from unauthorized use and for all activity that occurs on your account. You are prohibited from using another person’s account without permission.  You agree that PPCC may store and have access to the log in information you provide in connection with your use of the App and Site in accordance with the Privacy Policy.

Third Party Websites

This App and Site may contain links to other independent third party websites (“Linked Websites”). These Linked Websites are provided solely for the purpose of providing resources to users of the App and Site. Such Linked Websites are not under the control of PPCC, and PPCC is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites.

Trademarks, Patents, Copyrights and Other Intellectual Property

Many of the names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the App and Site, including Pediatric Palliative Care Coalition, are registered or unregistered marks of PPCC. PPCC is also the owner of the copyright on all content on the App and Site. The trademarks of third-parties may also be displayed on the App and Site. You may not use any Trademarks and/or copyrighted content displayed on the App and Site without the express written permission of PPCC or the third party that owns the Trademark and you acknowledge and agree that nothing on this App and Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademarks and/or copyrighted content displayed on the App and Site. Any unauthorized use of the Trademarks and/or copyrighted content, except as authorized in this Agreement, is expressly prohibited.  All title to and rights in the App and Site, including ownership rights to patents, registrations and/or renewals of patents, and copyrights, trademarks, service marks, domain names, trade dress and trade secrets, and any derivatives of and all goodwill associated with the foregoing is the exclusive property of PPCC and/or the applicable third parties.

Security

We use available technology to protect the security of all information and data you provide through the Site and App.  However, all internet communications may be susceptible to interference or interception by third-parties.  Despite our best efforts, we make no warranties that PPCC is free of infection by computer viruses or other unauthorized software and we accept no liability for the security, authenticity, or confidentiality of any transactions and other communications through the App and Site.

Disclaimer of Warranties and Limitation of Liability

PPCC disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and non-infringement of copyrights or other third party proprietary rights, arising from your use of the App and Site. We do not warrant that the App and Site will provide continuous, prompt, secure, or error-free service and we assume no liability for any errors or omissions, including the inaccuracy of any content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the App and/or Site or any portion thereof. PPCC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your computer equipment or other property arising from your use of the App and Site. PPCC and its affiliates, trustees, directors, officers, employees, volunteers and/or agents shall have no liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages, even if PPCC is advised of the possibility of such damages, arising from or related to use of the App and Site.

Termination, Modifications and Content Removal

We may, at any time, and for any reason: modify, suspend, or terminate the operation of or access to the App and/or Site or any portion thereof; modify or change the App and/or Site; remove or change content on the App and/or Site in our sole discretion; or interrupt the operation of the App and/or Site. Your access to, and use of the App and Site, may be terminated by you or by us at any time for any reason.

Indemnification

You agree to indemnify, defend, and hold PPCC, its affiliates, trustees, directors, officers, employees, volunteers and agents, harmless from and against all claims, causes of action, expenses, reasonable attorneys’ fees, losses, and damages, arising from or relating to your use of the App and Site or any of the content on the App and Site.

Jurisdiction, Venue and Choice of Law

This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict of law principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement may only be brought in a federal or state court located in Allegheny County, Pennsylvania and the parties hereby waive any objection that they may have to personal jurisdiction or venue in these courts.

Severability and Waiver

If any provision of this Agreement is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. PPCC’s failure to exercise or enforce any rights or provision of this Agreement shall not constitute a waiver of such right or provision.

Entire Agreement

This Agreement and the Privacy Policy are the sole and entire agreement between the parties with respect to the subject matter hereof and replace all prior or contemporaneous understandings or agreements regarding such subject matter.

Reservation of Rights

PPCC reserves the right to change this Agreement and the Privacy Policy at any time and for any reason at its sole discretion. Such changes may be made without notice and are effective immediately upon posting. Continued use of the App and/or Site constitutes acceptance of such changes. Users of the App and Site should visit this page periodically to review the most current provisions of this Agreement. Effective Date: (07/25/2018)