Mobile App Terms of Use

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE USER (“YOU”), AND CURESEARCH FOR CHILDREN’S CANCER (“CURESEARCH”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS OF USE (“TOU”) AS THEY GOVERN YOUR USE OF THE CURESEARCH APP (“APP”). IF YOU DO NOT AGREE WITH THIS TOU, YOU DO NOT HAVE PERMISSION TO USE THE APP AND YOU MUST UNINSTALL THE APP IMMEDIATELY.

1. USE. You may create one or more App accounts (each, an “Account”) for purposes of tracking and storing information related to the diagnosis and treatment of cancer. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the App and each Account, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges). You may allow up to three (3) additional users to have access to each Account (“Additional Users”) Additional Users via your “Account Settings” page. You will be required to establish each Additional User’s level of access; an “Administrator” will have the full access to all functions within the App, including the ability to update or change information you provide, including scheduling information, medications, medical history and any other information provided by you pertaining to the diagnosis and treatment of cancer (collectively, “User Information”), while a “Read Only” Additional User will be able to see, but not update or change, the User Information. As a result, you should only add people you know and trust as Additional Users. Each Additional User will only be permitted to access and use the App upon agreement to these TOU. CureSearch will not be liable for actions taken by your Additional Users with respect to your Account or otherwise.
2. USE BY MINORS. The App is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to utilize the App nor set up an Account. Any account deemed to be used by a person under the age of 13 will be immediately deleted.
3. LICENSE GRANTS. CureSearch grants you a personal, revocable, limited, non-exclusive, and non-transferable license to download, install and use (including print form for your personal, non-commercial use) the App, conditioned on your continued compliance with this TOU. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the App. You agree, and represent and warrant, that your use of the App will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the App or your use of it, and you will be solely responsible for your own individual violations of any of any such laws.
4. USER OBLIGATIONS. By accessing or using the App, you represent and warrant that are authorized to possess and use the User Information. Furthermore, you agree that you are entirely responsible for maintaining the confidentiality of your Account password and are entirely responsible for any and all activities that occur under your Account. You agree to abide by all applicable laws and regulations governing your use of the App. Finally, you agree that all information you provide CureSearch for purposes of registering an Account (including your name, address, relationship to patient, etc.) is true, accurate and current, and you agree to provide CureSearch with all necessary changes or updates thereto.
5. USER INFORMATION. The User Information you submit as part of your registration, and any data, photographs, text, graphics, video, and other material that you submit or post remain your intellectual property, and CureSearch does not claim any ownership of the copyright or other proprietary rights in such information and User Information. Notwithstanding the foregoing, you grant CureSearch a revocable, limited, non-exclusive, and non-transferable license to use the User Information as necessary to facilitate your use of the App as set forth herein, and for such other limited uses as set forth in Section 8, below.
6. PROPRIETARY RIGHTS. This TOU provides only a limited license to install, access and use the App. Accordingly, you expressly acknowledge and agree that CureSearch transfers no ownership or intellectual property interest or title in and to the App to you or anyone else. All text, graphics, user interfaces, photographs, sounds, computer code (including html code), software, documentation, as well as the selection, coordination, expression, “look and feel,” and arrangement of any content provided to you through the App, are owned, controlled, or licensed by CureSearch or CureSearch’s licensors. CureSearch, the CureSearch logo, and all other names, logos, and icons identifying CureSearch and its products and services are proprietary trademarks of CureSearch or CureSearch’s licensors and any use of such marks without express written permission is strictly prohibited. Other product and company names or logos displayed through the App may be the trademarks of their respective owners. All rights in or to the App not granted herein are expressly reserved to CureSearch or its licensors. You grant CureSearch a revocable, limited, non-exclusive, and non-transferable license to use the User Information only as necessary to facilitate your use of the App as set forth in greater detail in Section 8, below.
7. NO PRE-SCREENING OR ENDORSEMENT OF POSTINGS. CureSearch is not responsible for screening, policing, or monitoring content or information provided to the App by you or any another user. Nevertheless, CureSearch reserves the right to delete or take other action with respect to User Information that CureSearch believes in good faith violates this TOU. Moreover, CureSearch has a policy to take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.
8. PRIVACY POLICY. For information on how CureSearch may collect, store or use personally identifiable information that you (or others) submit to the App, including User Information, please review CureSearch’s Privacy Policy found at www.curesearch.org.
9. DONATIONS. The App may allow you to make a donation to CureSearch via a link to the CureSearch website. Your use of the CureSearch website to make that donation will be governed by the website’s terms of use.
10. LINKS TO OTHER SITES. The App may facilitate access to other sites or on-line social media networks, author’s websites, or pages for your convenience in locating or accessing information about cancer or other things. These sites, networks, or pages have not necessarily been reviewed by CureSearch and are maintained by third parties over which CureSearch exercises no control. Accordingly, CureSearch expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party sites. CureSearch also does not accept any responsibility for technical failures or for unauthorized access of user transmissions by third parties. You are prohibited from submitting, uploading to, distributing through or otherwise posting via any linked sites any material that is (a) libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense; (b) contains any advertising, promotional, solicitation or other commercial material; (c) contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use; (d) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; or (e) contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
11. DISCLAIMER. THE APP IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. CURESEARCH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE APP OR THE INFORMATION AVAILABLE THROUGH THE APP FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY. THE INSTALLATION AND USE OF THE APP IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR DAMAGE CAUSED BY THE FOREGOING, INCLUDING THROUGH IMPROPER OR UNAUTHORIZED ACCESS TO THE USER INFORMATION (E.G., SUCH AS THROUGH A LOST, STOLEN OR OTHERWISE COMPROMISED MOBILE DEVICE).
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL CURESEARCH BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR WITH THE DELAY OR INABILITY TO USE THE APP, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF CURESEARCH FOR ANY REASON WHATSOEVER RELATED TO USE OF THE APP SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CURESEARCH IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
13. INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CURESEARCH AND ITS PARENTS, AFFILIATES AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USER ACCOUNT OR YOUR USE OF THE APP, INCLUDING FOR ANY CLAIMS ARISING FROM IMPROPER OR UNAUTHORIZED ACCESS TO THE USER INFORMATION (E.G., SUCH AS THROUGH A LOST, STOLEN OR OTHERWISE COMPROMISED MOBILE DEVICE).
14. MEDICAL ADVICE. Use of the App is not intended to be a substitute for professional medical advice, diagnosis, or treatment. No physician/patient relationship is created between CureSearch and you by reason of your use of the App or under any circumstances. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals. If you need medical advice or other healthcare assistance, you should consult with a qualified healthcare provider. You should never disregard professional medical advice or delay in seeking it because of the App. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement. CureSearch does not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, service, or merchandise presented on the App (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any product information listed on the App.
15. ENFORCEMENT. You acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to CureSearch, such injury would not be quantifiable in monetary damages, and CureSearch would not have an adequate remedy at law. You therefore agree that CureSearch shall be entitled, in addition to other available remedies, to injunctive relief restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
16. TERM AND TERMINATION. This TOU will take effect at the time you begin using the App. This TOU will terminate automatically if you fail to comply with its terms and conditions. Upon learning of termination, you must un-install the App and cease all use thereof. You may also terminate this TOU at any time by uninstalling the App and ceasing all use thereof. Sections 4 and 8-15 will survive the termination of this TOU.
17. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this TOU is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original and the remainder of this TOU shall continue in effect.
18. MISCELLANEOUS. This TOU operates in addition to any platform-specific or related terms of use to which you agreed in order to download this App. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Maryland as applied to agreements entered into and completely performed in the State of Maryland. This TOU, CureSearch’s Privacy Policy, and any other agreement or terms or conditions for services, information, or licenses available through the App, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and CureSearch with respect to use of the App, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and CureSearch with respect to the App. You may not assign or transfer any rights under this Agreement without the prior written consent of CureSearch. Please note that CureSearch reserves the right to change the terms and conditions of this TOU and the terms and conditions under which the App is extended to you by posting a revised TOU or emailing notice thereof to you. Your continued use of the App following any announced change to will be deemed acceptance of any change to the terms and conditions of this TOU.