TERMS OF USE

Please read the following items. They describe the terms governing the use of this website as well as important information concerning privacy, security, and links to other sites. This information may be updated as we continue to expand the capabilities of our website. The Massachusetts Coalition for Serious Illness Care may also make changes to the products described within the website.

 

Disclaimer of Warranty and Limitation of liability

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL THE MASSACHUSETTS COALITION FOR SERIOUS ILLNESS CARE OR ITS SUPPLIERS OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

Copyright and trademark

All materials on this server and this Internet site ("Site"), including the site's design, layout, and organization, are owned and copyrighted by The Massachusetts Coalition for Serious Illness Care or its suppliers or vendors, and are protected by U.S. and international copyright law.

Only personal use of such materials is permitted for our members, which means that you may access, download, or print such materials for your personal, non-commercial use only. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site. Any commercial use of Site content is prohibited without the prior written consent of The Massachusetts Coalition for Serious Illness Care. Except as indicated, The Massachusetts Coalition for Serious Illness Care owns all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. Please be advised that The Massachusetts Coalition for Serious Illness Care actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 

User obligations

You may not use this Site in any manner that may: adversely affect this Site's resources or the availability of this Site to others; violate any local, state, national or international law; delete or revise any content on this Site; or, use this Site to harass any other person or to collect or store personal information about other visitors. If you have a unique user identifier and/or password to access secure areas, you're responsible for protecting the identifier and/or password and for any unauthorized use by others, with or without your permission.

Some parts of this Site that are non-secure and public may allow you to post, or to email to The Massachusetts Coalition for Serious Illness Care, materials or information ("Visitor Content"); or to access or use Visitor Content posted or emailed by other visitors to this Site. You grant us the unrestricted right to use or distribute, free of charge, any Visitor Content posted on this Site by you. You may not submit or post any material or information which is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of proprietary rights of any person or entity, or which contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of "spam." You may not use a false email address to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post.

By transmitting any Visitor Content to The Massachusetts Coalition For Serious Illness Care, you automatically grant The Massachusetts Coalition For Serious Illness Care the royalty-free, perpetual, irrevocable, non-exclusive right to license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Visitor Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. The Massachusetts Coalition for Serious Illness Care has no responsibility and assumes no liability for Visitor Content posted by you or by any other party. Opinions or comments contained in Visitor Content reflect the views of the author and not of The Massachusetts Coalition for Serious Illness Care unless The Massachusetts Coalition for Serious Illness Care expressly states to the contrary.

You're responsible for all software and equipment necessary to access and use this Site, including all related expenses. In addition, you're solely responsible for maintaining the confidentiality of any password or other security measure you use in connection with this Site and agree to notify The Massachusetts Coalition for Serious Illness Care immediately of any unauthorized use of your password or other security measure.

 

No Solicitation or Offer.

This Site is designed to provide general information about The Massachusetts Coalition for Serious Illness Care and its products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service.

 

No Medical Services or Advice.

Nothing contained, expressed or implied in the Site is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between The Massachusetts Coalition for Serious Illness Care and you by reason of your use of this Site or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.

 

No Legal Advice.

Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between The Massachusetts Coalition for Serious Illness Care and you by reason of your use of this Site or under any circumstances whatever. The information in this Site is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Site, you should contact your own legal counsel.

 

Confidentiality cannot be guaranteed.

Please be advised that the confidentiality of any communication or material transmitted to The Massachusetts Coalition for Serious Illness Care via this Site or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number.

 

Privacy Statement.

The Massachusetts Coalition for Serious Illness Care has a Privacy Policy disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. Click here to view the Privacy Policy which is incorporated by reference, as if set forth fully herein.

 

Securities Information.

This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site contains information and press releases about The Massachusetts Coalition for Serious Illness Care, and although this information was believed to be accurate as of the date prepared, The Massachusetts Coalition for Serious Illness Care disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.

 

Corrections and Changes.

While we endeavor to keep the materials on the Site up to date, The Massachusetts Coalition for Serious Illness Care cannot assume responsibility for any errors or omissions in these materials. The Massachusetts Coalition for Serious Illness Care further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. The Massachusetts Coalition for Serious Illness Care may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. The Massachusetts Coalition for Serious Illness Care reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever.

 

Indemnification.

You agree to defend, indemnify, and hold harmless The Massachusetts Coalition for Serious Illness Care, its affiliates, members, sponsors, owners and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.

 

Links to other web sites.

This Site may, from time to time, contain links to other Internet web sites for the convenience of users in locating information and services that may be of interest. Users of the Site acknowledge that these third-party sites are maintained by persons or organizations over which The Massachusetts Coalition for Serious Illness Care exercises no control, ownership or influence, and The Massachusetts Coalition for Serious Illness Care expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites and the privacy practices used by these third party sites and their owners. The Massachusetts Coalition for Serious Illness Care does not control, endorse, promote, or have any affiliation with any other website unless expressly stated in the Site.

 

Use of the Internet.

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. The Massachusetts Coalition for Serious Illness Care will not be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

 

Mobile.

The Massachusetts Coalition for Serious Illness Care may make certain mobile applications available. The term “The Massachusetts Coalition For Serious Illness Care Mobile” includes any program or service accessed or used via your mobile telephone/device and the software modules operating within The Massachusetts Coalition For Serious Illness Care’s mobile environment and appearing on your mobile device that provide you access to a variety of content and services.

If you choose to participate in any The Massachusetts Coalition For Serious Illness Care program that involves the use of text messaging, you agree to our SMS/Text Terms of Use which are incorporated by reference, as if fully set forth herein.

If you provide The Massachusetts Coalition For Serious Illness Care your mobile device telephone number, then in the event you change or deactivate your mobile device telephone number, you will contact The Massachusetts Coalition For Serious Illness Care to update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

 

DISPUTE RESOLUTION & ARBITRATION AGREEMENT (“Arbitration Agreement”)

Scope of the Arbitration Agreement: Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and The Massachusetts Coalition for Serious Illness Care agree that any legal dispute between you and The Massachusetts Coalition for Serious Illness Care concerning or arising in any way out of a purchase from the Sites, any communications between you and The Massachusetts Coalition for Serious Illness Care or your participation in any other program or service provided by The Massachusetts Coalition for Serious Illness Care shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. However, either you or The Massachusetts Coalition for Serious Illness Care may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and The Massachusetts Coalition for Serious Illness Care whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Informal Dispute Resolution: Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail to The Massachusetts Coalition for Serious Illness Care, 101 Huntington Avenue, Suite 1300, Boston, MA 02199. Both you and The Massachusetts Coalition for Serious Illness Care agree that this dispute resolution procedure is a condition precedent, which must be satisfied before initiating any arbitration against the other party.

Right to Opt Out of this Arbitration Agreement: You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from the Sites; or (b) create an account or otherwise sign up for any program or service provided by The Massachusetts Coalition for Serious Illness Care. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to The Massachusetts Coalition for Serious Illness Care to [email protected] or by sending a letter to The Massachusetts Coalition for Serious Illness Care, 101 Huntington Avenue, Suite 1300, Boston, MA 02199. You should include your printed name, mailing address, and the words “Reject Arbitration.”

How Arbitration Works: Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website at www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and The Massachusetts Coalition for Serious Illness Care agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in Boston, MA. Except for a Dispute determined by the arbitrator to be frivolous or initiated in bad faith, The Massachusetts Coalition for Serious Illness Care will pay all filing, administrative, arbitrator and hearing costs up to a total amount of $2,000 and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

Waiver of Right to Bring Class Action and Representative Claims: All arbitrations shall proceed on an individual basis. YOU AND THE MASSACHUSETTS COALITION FOR SERIOUS ILLNESS CARE ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND THE MASSACHUSETTS COALITION FOR SERIOUS ILLNESS CARE HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, ANY PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Governing Law and Other Terms: This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the Commonwealth of Massachusetts will govern. The Massachusetts Coalition for Serious Illness Care will provide notice of any material changes to this Arbitration Agreement. Except as set forth above with respect to the class action waiver, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of the Arbitration Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. This Arbitration Agreement survives the end of the relationship between you and The Massachusetts Coalition for Serious Illness Care , including, without limitation, termination of your membership or participation in any The Massachusetts Coalition for Serious Illness Care loyalty program or contest or promotion, cancellation, or deletion of your The Massachusetts Coalition for Serious Illness Care account, opt out of marketing, or end of participation in any The Massachusetts Coalition for Serious Illness Care program or service.

 

Contact us.

If you have questions about these Terms of Use, please contact us at:

[email protected]

 

Effective date:

October 1, 2023