The Coalition to Strengthen America’s Healthcare ( “Coalition”, “we”, “our”, or “us”) makes available the website located at protecthealthcare.org (“Website”) subject to the terms and conditions set forth below (“Terms”). Please review the Terms as they govern your use of this Website. We may update the Terms from time to time. Please regularly check the Website for revisions to the Terms. By continuing to use the Website or provide us information through your use of the Website after we make a change to the Terms, you accept the updated Terms. The Terms also includes our privacy policy (available at www. protecthealthcare.org/privacy-policy, which may be amended from time to time and effective upon posting, and which is incorporated by reference herein (“Privacy Policy”).

1.     Definitions

As used in these Terms, the following terms have their ascribed meanings:

“Content” means all content on our Website, including without limitation data, designs, text, files, graphics, pictures, video, information, applications, software, and other materials, and their selection and arrangement.

“Services” means our Website and all Coalition products and services provided on or through our Website.

“User” means any person visiting or viewing our Website or the Content, sending or supplying information to our Website, or uploading, publishing or displaying information on or through our Website.

By using the Website or the Services, or by clicking an “I Accept” or similarly worded box or button which has near it language indicating your acceptance, you indicate that these Terms (including the Privacy Policy) are a binding agreement between us and you as a user of the Website and/or the Services.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE OR THE SERVICES. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, AND ALSO CONTAINS A CLASS ACTION AND JURY TRIAL RIGHT WAIVER. Please carefully review Sections 21-23 of these Terms for more information.

2.     Changes to the Terms

We regularly update and improve our Website and we may at times add, change, or remove features or content, and these Terms may also need to change. The current version of these Terms will be posted on our Website and will be effective immediately upon posting. By continuing to use the Website following any such change, you accept and agree to be bound by such modified Terms.

3.     Who Provides the Services

Third-parties may provide services on behalf of the Coalition. You acknowledge and agree that third-parties will be entitled to provide Services to you, in addition to the Coalition with whom you contract or interact.

4.     Your Use of Services

You agree to use the Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other countries). You agree not to access or attempt to access any Services by any means other than through the interface as provided by the Coalition, unless specifically allowed to do so in a separate written agreement with the Coalition. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services. You agree not to reproduce, duplicate, copy, sell, trade or resell the Services, unless otherwise agreed to in a separate written agreement with the Coalition. You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage that the Coalition may suffer, of any such breach.

The Coalition grants you the revocable permission to link to our Website; provided, however, that any link to our Website: (a) must not frame or create a browser or border environment around any of the Content or otherwise mirror any part of our Website; (b) must not create the false impression that the Coalition endorses or sponsors any third party or its products or services, unless the Coalition has given prior written consent to such third party; (c) must not present false information about, or disparage, tarnish, or otherwise harm the Coalition or its products or services; (d) must not use any Coalition trademarks without the prior written permission of the Coalition; (e) must not contain Content that could be construed as distasteful, offensive, or controversial or otherwise objectionable; and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to our Website, you agree that you do and will continue to comply with these linking requirements. Notwithstanding anything to the contrary contained in these Terms, the Coalition reserves the right to prohibit linking to our Website for any reason in our sole and absolute discretion.

5.     Privacy

We will maintain and use your “Personal Information” as defined in and according to our Privacy Policy, and which may be modified from time to time in our discretion, which modifications are effective as of the date posted on our Website. Your continued access or use of the Website or purchase or use of our Services indicates that you agree with such modifications.

6.     User Feedback; Third-Party Social Media Postings

By submitting any ideas or suggestions to us (through our Website, social media sites, or other digital platforms, or through Google or other review sites, or other means) related to improvements to the Website or Services (collectively, “Feedback”) you agree that such Feedback shall be deemed, and shall remain, our property, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback (including without limitation intellectual property rights and moral rights) without compensation or further notice to you. We shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you. None of the Feedback shall be subject to any obligation of confidentiality on our part, but, you shall not be liable for our use or disclosure of any Feedback.

By posting or submitting for posting User Content to our Facebook, YouTube, Instagram, or other social media pages or platforms, or on other websites, e.g., Facebook, Google, Yelp, Trip Advisor, etc., you agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, summarize, translate, create derivative works of and publicly perform the User Content that you post or otherwise submit to us for any purpose, in any form, medium, or technology now known or later developed.

7.     Code of Conduct

You agree to abide by all applicable local, state, national and international laws and regulations with respect to your use of the Services and that you will not interfere with the use and enjoyment of the Services by other users or with the Coalition’s management and operation of the Services. Prohibited conduct includes, but is not limited to, the following:

• You will not send or otherwise post unauthorized commercial communications on our Website.
• You will not collect Users’ Content or information, or otherwise access our Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior written permission.
• You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on our Website.
• You will not upload viruses, worms, Trojans, spyware or other malicious code that could affect the operation of our Website or any other computer system connected to our Website. You will not do anything that could disable, overburden, or impair the proper working of our Website, including, without limitation, tampering with system resources or User accounts, compromising security controls, or using/distributing tools designed to compromise system security (e.g., password-guessing programs and network scanning tools). If you engage in any activity that compromises system security, we reserve the right to take any action that we, in our sole discretion, deem appropriate, including reporting you to law enforcement.
• You will not solicit login information or access an account belonging to someone else.
• You will not facilitate or encourage any violations of the Terms.
• You will not post content or take any action on our Website that infringes or violates someone else’s rights or otherwise violates the law. If you use the Services in a manner, or upload or post Content, that is illegal, violent in nature, or otherwise inappropriate, we reserve the right to take any action that we, in our sole discretion, deem appropriate, including reporting you to law enforcement.
• You will not post anyone’s identification documents or sensitive Personal Information on our Website.
• You will not tag Users.
• You will not send email invitations or otherwise market or promote the Services or our Website to non-Users without the Coalition’s prior written consent.
• You will not impersonate any other person, User, or company or upload or post Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person, the Coalition, or any other entity.

We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Users. Please exercise common sense and your best judgment in your interactions with others, when you submit or post any Personal Information or other sensitive data, and in all other online activities.

8.     Access to Certain Services

In order to access certain Services, you may be required to provide Personal Information (such as identification or contact details) as part of a registration process. You agree that any registration information you give to the Coalition will always be complete, correct and current. You agree not to register for any User account or use the Services on behalf of any party other than yourself unless you have the legal authority to act as an agent on behalf of another individual or entity.

You acknowledge you are responsible for maintaining the confidentiality of passwords (or other authentication credentials) associated with any account you use to access the Services. The Coalition shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Coalition due to someone else’s use of your account or passwords.  You agree that you will be solely responsible to the Coalition for all activities that occur under your account. You agree to immediately notify the Coalition of any unauthorized use of your password or account.

9.     Changes in Services; Denial of Access

The form and nature of the Services which the Coalition provides may change from time to time without prior notice to you. While it is the Coalition’s objective is to make the Services and Website accessible 24 hours per day, 7 days per week, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Coalition, access to the Services may be interrupted, suspended or terminated from time to time.

The Coalition may stop providing the Services (or any features within the Services) or any part of our Website to you or to Users generally at the Coalition’s sole discretion, without prior notice.

If the Coalition disables access to your account, you may be prevented from accessing your account details or any files or other Content which is contained in your account or accessible through your account. The Coalition, at its sole discretion, may set fixed upper limits on the number and/or size of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service.

10.  Content in the Services

You understand that all Content is the proprietary property of the Coalition, its users or its licensors with all rights reserved. You understand that Content presented to you as part of the Services, including but not limited to Content submitted by third-parties and advertisers, as well as User-posted Content, may be protected by intellectual property rights owned by the Coalition, third-party individuals or other legal entities. You are not allowed to modify, copy, distribute, frame, mask, reproduce, republish, scrape, extract data, create derivatives based upon, download, display, post, transmit, link, sell, rent, lease, loan or trade any pages of our Website or any Content, in whole or in part, without written permission from the Coalition or the rightful Intellectual Property owner, other than as expressly permitted in these Terms. Subject to your compliance with the Terms, you may access and use the Services and the Content and download or print a copy of any portion of the Content to which you have properly accessed solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. If our Website permits the transmission of Content via email through an “email a friend” (or similar) feature, you may transmit that particular Content to others, so long as you follow all instructions provided on our Website.

The Coalition reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service, and, in its sole discretion, restrict suspend, or terminate your access and use of the Services, any Website, and/or any Content at any time without notice.

11.  Proprietary Rights

You acknowledge and agree that the Coalition, or its licensors, own all legal right, title and interest in and to the Services, including the Content and any intellectual property rights which subsist in the Services, whether registered or not. You acknowledge that the Services may contain information which is designated confidential by the Coalition and that you shall not disclose such information without the Coalition’s prior written consent. Nothing in the Terms gives you a right to use any of the Coalition’s tradenames, trademarks, service marks, logos, domain names and other distinctive brand features. If you have been granted an explicit right to use the Coalition’s intellectual property in a separate written agreement, you agree that such use shall be in compliance with that agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Services. You agree that in using the Services, you will not use any trademark, service mark, tradename, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

12.  User Content License

All Content that you submit, post, or display on or through the Services must be created and owned by you or must be in the public domain. Also, all persons who contributed to your Content in any way, have any rights to your Content, or otherwise appear in your Content must have given you permission to upload and distribute the Content on this Coalition Website and elsewhere. Upon the Coalition’s request, you will furnish any documentation, substantiation or releases necessary to verify your compliance with the Terms to the Coalition.

The Website may, now or in the future, permit the posting or submission for posting of content, including, but not limited to, reviews, comments, or other textual content, files, images, photographs, videos, animation, sounds, musical works, data, or other materials and content by you (collectively, “User Content”). We do not endorse or approve any User Content submitted or posted. We respect the intellectual property rights of others. You must have the legal right to submit to us or, where permitted, post any User Content to the Website. You are solely responsible for any User Content that you create, transmit, or display while using the Website. All User Content you post or submit for posting to the Website is deemed nonconfidential.

You retain copyright and any other rights you already hold in User Content which you submit, post or display on or through, the Services. When you post or submit for posting User Content to the Website, you agree to and do hereby expressly grant to us and to our affiliates, parents, subsidiaries, agents, representatives, licensors or other third party partners, and our successors and assigns, a nonexclusive, worldwide, perpetual, irrevocable, transferrable, sub-licensable license and right to use, without restriction, including, but not limited to the right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display or perform the User Content and to provide such User Content to any other user of the Website or the Service, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party (collectively, the “License”). You grant us all licenses, consents and clearances to enable the use such User Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Content.

You agree that this License includes a right for us to make such User Content available to other companies, organizations or individuals with whom we have relationships for the provision of services, and to use such User Content in connection with the provision of those services.

You understand that we, in operating the Website and/or in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that the License shall permit us to take these actions.

13.  Copyright and Other Intellectual Property

You may not use the Services, including any Website pages or Content contained therein, for any purpose or in any manner that infringes the rights of any third party, including any intellectual property rights. The Coalition encourages you to report any content on our Website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good-faith belief that content on our Website infringes your intellectual property rights, please follow the procedures set forth below.

14.  DMCA Notice

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), the Coalition has a designated agent for receiving notices of copyright infringement and the Coalition follows the notice and take-down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Coalition’s copyright agent (whose contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on this Coalition Website violates your rights other than copyrights, please provide the Coalition with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and, (d) accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding this Coalition Website or a complaint regarding alleged violation of rights other than copyrights to the Coalition’s copyright agent, who can be reached at:

Attn: Legal Department

P.O. Box 30211

Bethesda, MD 20824

(877) 422-2349

privacy@strengthenhealth.org

NOTE: This contact information is for notices or complaints regarding potential copyright and other infringement only.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your User Content along with that of the alleged infringer pending resolution of the matter.

The Coalition will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights.

15.  Exclusion of Warranties; Disclaimers

THE COALITION EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COALITION FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE AND ITS CONTENTS AND DOES NOT ENDORSE ANY USER CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND WEBSITE IS AT YOUR SOLE RISK AND THAT THE SERVICES AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COALITION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF ANY USER CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION, FINANCIAL INFORMATION, AND/OR OTHER SENSITIVE INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY MALWARE, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ACKNOWLEDGE. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, INCLUDING, BUT NOT LIMITED TO, ADVICE OR INFORMATION REGARDING PROFESSIONAL PRACTICES, STANDARDS OR GUIDELINES, VIA ANY METHOD OF COMMUNICATION, OBTAINED BY YOU FROM THE OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. THE COALITION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COALITION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Services may include hyperlinks to other websites or content or resources. The Coalition may have no control over any websites or resources which are provided by companies or persons other than the Coalition. You acknowledge and agree that the Coalition is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that the Coalition is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

16.  Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE COALITION BE LIABLE TO USERS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM ANY PROVISION OF THE TERMS OR YOUR USE OF THE SERVICES OR WEBSITE, EVEN IF THE COALITION HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE COALITION’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COALITION SHALL NOT BE LIABLE FOR USER CONTENT, CONTENT PRODUCED BY THIRD PARTIES AND DISPLAYED ON OR THROUGH THE SERVICES OR WEBSITE, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF THE COALITION, ITS OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (US$100).

NOTICE TO CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

This provisions of this Section 16 shall survive any termination of the Terms.

17.  Indemnification

You agree to defend, indemnify, and hold harmless the Coalition, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, fines, penalties, assessment, interest, costs, and expenses (including but not limited to attorneys’ fees and costs) (collectively “Losses”) arising from any claims: (A) your use of and access to the Services; (B) your violation of any provision of the Terms; (C) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; (D) your violation of any applicable law, rule, regulation, or order of any governmental agency; or (E) any claim that your User Content or any other information transmitted from your computer or account (even if not submitted by you) caused damage to a third party (collectively, “Claim”). The Coalition reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you under these Terms. You will not in any event settle any Claim without the prior written consent of a duly authorized representative of the Coalition. This provisions of this Section 17 shall survive any termination of the Terms.

18.  No Data Storage/Shared Server

The Services are not a tool for storing or preserving User Content. The Coalition expressly disclaims any liability for lost or deleted Content or User Content. You shall not rely on the Coalition for preservation of any Content or User Content, and shall maintain all User Content in a separate manner. All Content and User Content is posted on a shared server. Given inherent risks of the Internet, you acknowledge that there is no assurance that Content or User Content will be kept confidential and there is no assurance that Content or User Content will not be lost or deleted.

19.  Advertisement

Services provided by the Coalition may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be prompted by access to content, queries made through the Services or other information. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you. In consideration for the Coalition granting you access to and use of the Services, you agree that the Coalition may place such advertising on the Services. In addition, you acknowledge that display of an advertisement or promotion on the Services does not reflect approval or endorsement of the advertiser of any of its products or services by the Coalition.

20.  Cooperation with Law Enforcement and Government Agencies; Required Disclosures

You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Website or the Services, but we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.

You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Website; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.

21.  Dispute Resolution

A.            Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.

B.            MANDATORY BINDING ARBITRATION

i.         Other than for the grounds set forth in Section 21.C (labeled “Exceptions to Agreement to Arbitrate”), in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Website or Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Washington, DC, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.

ii.       The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.

iii.     The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.

C.             Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents), (b) your violation of the restrictions on use, or (c) your violation of our User Content Posting Guidelines.

22.  Class Action Waiver.

Other than to the extent prohibited by applicable law, any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

23.  Waiver of Jury Trial.

Other than to the extent prohibited by applicable law, each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.

24.  Miscellaneous

Failure by the Coalition to enforce any provision(s) of the Terms shall not be construed as a waiver of any provision or right and will not limit the Coalition’s rights with respect to the enforcement of any such provision in the future. The Terms, and all other aspects of use of the Services, shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of laws rules. All claims and disputes arising out of the Terms, the Privacy Policy, or use of the Services, other than an action for specific performance or injunctive relief brought by the Coalition, shall be exclusively brought in the federal, state or local courts located in the District of Columbia; and with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts.

If any provision of the Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The User may not assign, transfer, or otherwise convey any rights granted or obligations made hereunder; provided that, the Coalition may assign any of the foregoing without prior written consent. The Terms shall inure to the benefit of the Coalition, its successors and assignees. The Terms, the Privacy Policy, and any other legal notices published by on the Services, shall constitute the entire agreement between you and the Coalition regarding use of the Services.

25.  Contact Information

If you have any questions or comments about these Terms, please send an email to privacy@strengthenhealth.org.