Terms of Use Agreement
Effective: April 29, 2020
1. Acceptance of the Terms and Conditions.
1.1 CancelCovid (herein referred to as “CancelCovid,” “we,” “us” or “our”) provides and makes available this web site (the “Website”). All use of this Website is subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using this Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use this Website.
1.2 You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on this Website. The revised terms and conditions will become effective 30 days after posting. Any use of this Website after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using this Website.
1.3 IMPORTANT NOTE ABOUT YOUR HEALTH:
The information on this Website does not constitute medical advice, diagnosis or treatment, nor is it intended or implied to be a substitute for medical advice, diagnosis, or treatment of COVID-19, SARS-CoV2, or any other respiratory disease, illness, or condition. If you have symptoms of COVID-19, or have come in contact with someone you suspect or know has COVID-19, contact your doctor immediately. The results of the CancelCovid Smell Challenge or survey do not indicate you do or no not have COVID-19. Just because your sense of smell appears to be intact, this does not mean you do not have COVID-19 or that you are not a carrier or have not been exposed. You can still have no outward symptoms of COVID-19 and be infected. Continue to take all precautions recommended by the CDC, your health care provider, and state, county and local authorities regarding social distancing, the use of face coverings in public, and obey all “stay at home” or similar orders applicable to you. If you believe your sense of smell has been affected, it does not mean you have COVID-19 but can be an early indicator that you may have been exposed. Other medical conditions, medications, or environmental factors can affect your sense of smell. If you believe your sense of smell has been affected, contact your health care provider. Only a physician can diagnose and treat you for any condition, which may or may not be related to COVID-19.
Your access to and use of this Website is also subject to CancelCovid’s Privacy Policy located at https://www.cancelcovid.org/privacy-policy/, the terms and conditions of which are hereby incorporated herein by reference.
2. Use of this Website.
2.1 This Website contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
2.2 Medical Advice Disclaimer. ALL CONTENT, INCLUDING TEXT, GRAPHICS, IMAGES AND INFORMATION, CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONTAIN MEDICAL ADVICE OF ANY KIND. CANCELCOVID MAKES NO REPRESENTATION AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF INFORMATION CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE, AND SUCH INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS IMPORTANT THAT YOU CONFIRM ANY INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE WITH YOUR HEALTH CARE PROVIDER AND/OR OTHER SOURCES, AND REVIEW ALL INFORMATION REGARDING ANY MEDICAL CONDITION OR TREATMENT WITH YOUR PHYSICIAN. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS WEBSITE.
2.3 The trademarks, service marks, and logos of CancelCovid (the “CancelCovid Trademarks”) used and displayed on this Website are registered and unregistered trademarks or service marks of CancelCovid. Other CancelCovid, product, and service names located on this Website may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with CancelCovid Trademarks, the “Trademarks”). Nothing on this Website or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of CancelCovid specific for each such use. The Trademarks may not be used to disparage CancelCovid or the applicable third-party, CancelCovid’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Website is prohibited without CancelCovid’s prior written consent. All goodwill generated from the use of any CancelCovid Trademark shall inure to CancelCovid’s benefit.
2.4 You agree not to: (a) take any action that imposes an unreasonable load on this Website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up this Website, (d) delete or alter any material posted on this Website by CancelCovid or any other person or entity, or (e frame or link to any of the materials or information available on this Website.
2.5 This Website contains links to other websites and resources (“External Resources”). These links are provided solely as a convenience to you. CancelCovid has no control over such External Resources or the content therein. The content of such External Resources is developed and provided by others. You should contact this Website administrator or Webmaster for those External Resources if you have any concerns regarding such links or any content located on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Resources, you do so at your own risk.
We do not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be available through links this web site. CANCELCOVID IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH LINKS ON THIS WEBSITE.
2.6 Certain elements of this Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of the Agreement. None of the Content for this Website may be retransmitted without the express written consent from CancelCovid for each and every instance.
3. Limitation of Liability and Disclaimer of Warranties.
3.1 CANCELCOVID, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “CANCELCOVID PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THIS WEBSITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. CANCELCOVID PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THIS WEBSITE AND THE CONTENT AT YOUR OWN RISK.
CANCELCOVID PARTIES DO NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR‑FREE OR THAT THIS WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THIS WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO CANCELCOVID PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THIS WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CANCELCOVID PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
3.2 IN NO EVENT SHALL ANY CANCELCOVID PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH CANCELCOVID PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3 SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF CANCELCOVID PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3.4 IF YOU ARE FROM NEW JERSEY, THE FOREGOING SECTIONS 3.1 AND 3.2 ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
4. Indemnification.
You agree to defend, indemnify, and hold harmless CancelCovid Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Website. CancelCovid shall provide notice to you of any such claim, suit, or proceeding. CancelCovid reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting CancelCovid’s defense of such matter.
5. Termination of the Agreement.
5.1 CancelCovid reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of this Website or the Content at any time and for any reason without prior notice or liability. CancelCovid reserves the right to change, suspend, or discontinue all or any part of this Website or the Content at any time without prior notice or liability.
5.2 Sections 2 (Use of this Website), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement), and 7 (Miscellaneous) shall survive the termination of this Agreement.
6. User Must Comply with Applicable Laws.
6.1 This Website is based in Boston, MA. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access this Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
6.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
7. Miscellaneous.
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of CancelCovid to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against CancelCovid unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by CancelCovid and you, this Agreement constitutes the entire Agreement between you and CancelCovid with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to this Website might be publicly accessible. Important and private information should be protected by you. CancelCovid is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.