PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF MYPLANWITHCOH.ORG.
Revisions, changes, and updates
We may revise the information on Myplanwithcoh.org (including these Terms and Conditions) or otherwise change or update Myplanwithcoh.org without notice to you. City of Hope may also make improvements or changes in the products or services described on Myplanwithcoh.org or add new features at any time without notice to you. We encourage you to read these Terms and Conditions periodically to see if there have been any changes to our policies that may affect you. Your continued use of Myplanwithcoh.org will signify your continued acceptance of the Terms and Conditions as it may be revised.
Links to Third Party Websites
Myplanwithcoh.org may contain links to other websites that are not owned or controlled by City of Hope (“Third Party websites”). City of Hope is not responsible for the content, security, or privacy practices of any Third Party websites. Please review the privacy statement and any terms of use of any Third Party website you visit. Unless we specifically advise you otherwise, City of Hope does not endorse, approve, or recommend any Third Party websites, any information contained on any Third Party website, or any products or services described on any Third Party website.
Access, correction, and data integrity
Although we attempt to maintain the integrity and accuracy of the information on Myplanwithcoh.org, we make no guarantees as to its correctness, completeness, or accuracy. Myplanwithcoh.org may contain typographical errors, inaccuracies, or other errors or omissions. In addition, third parties could make unauthorized additions, deletions, or alterations to Myplanwithcoh.org without our knowledge.
City of Hope does not control the content submitted or posted or made available for inclusion on Myplanwithcoh.org by users or subscribers of Myplanwithcoh.org (“User Content”) and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. Under no circumstances will City of Hope be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via Myplanwithcoh.org.
You acknowledge and agree that City of Hope does not pre-screen User Content, but that City of Hope and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove or delete any User Content that is available via Myplanwithcoh.org. Without limiting the foregoing, City of Hope and its designees shall have the right to refuse, remove, or delete any User Content that violates the Terms and Conditions or is otherwise objectionable.
Term
The Terms and Conditions shall remain in full force and effect at any time that you use Myplanwithcoh.org. You agree that City of Hope may at any time, for any reason (including your failure to comply with the Terms and Conditions or in order for us to comply with the requirements of a regulatory authority) and without notice to you move, change, or suspend any part of Myplanwithcoh.org, or restrict or deny you access to Myplanwithcoh.org.
User participation in Myplanwithcoh.org
You agree that you will not upload or transmit any communications or content of any type that infringe upon, misappropriate, or violate any rights of any party. You agree that any of the following actions will be a material breach of the Terms and Conditions:
- signing onto Myplanwithcoh.org as or pretending to be another person;
- using the Myplanwithcoh.org for any purpose in violation of local, state, national, international laws;
- uploading or transmitting material through or using Myplanwithcoh.org that infringes or violates the intellectual property, proprietary, privacy, or publicity rights of others;
- uploading or transmitting material through or using Myplanwithcoh.org that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including City of Hope personnel) or entity as determined by City of Hope in its sole discretion;
- using Myplanwithcoh.org in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
- uploading, posting, emailing, transmitting, or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- using Myplanwithcoh.org to collect information about others; or
- using Myplanwithcoh.org to intentionally distribute viruses or other harmful computer code.
Medical, Legal and Financial Advice and Information Disclaimer
Any information or content posted on Myplanwithcoh.org is not medical, legal or financial advice and should not be construed as such. The information and content on Myplanwithcoh.org is for informational purposes only, you should not construe any such information or other material as medical, legal, tax, financial, or other advice. Nothing in the Myplanwithcoh.org is intended to be used BY YOU OR ANY OTHER PERSON for medical diagnosis or treatment. You should not consider any of the information or content on Myplanwithcoh.org to be complete, nor should you rely on such information to suggest a course of treatment. You should always seek the advice of your physician for any questions you may have regarding a medical condition and you should never disregard medical advice or delay seeking medical advice because of something you may have read on Myplanwithcoh.org.
Disclaimer
MYPLANWITHCOH.ORG, ITS CONTENTS (INCLUDING WITHOUT LIMITATION ANY THIRD PARTY WEBSITES MENTIONED OR LINKED ON MYPLANWITHCOH.ORG OR ANY INFORMATION OR MATERIALS LOCATED, MENTIONED OR LINKED TO ON MYPLANWITHCOH.ORG (“EXCLUDED INFORMATION”)) AND ALL CONTENT OR SERVICES RELATED TO MYPLANWITHCOH.ORG ARE PROVIDED “AS IS” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTIES AS TO THE RELEVANCY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON MYPLANWITHCOH.ORG. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF MYPLANWITHCOH.ORG, ITS CONTENTS (INCLUDING WITHOUT LIMITATION THIRD PARTY WEBSITES MENTIONED OR LINKED ON MYPLANWITHCOH.ORG OR ANY EXCLUDED INFORMATION), ALL PRODUCTS OR SERVICES RELATED TO MYPLANWITHCOH.ORG, AND ANY THIRD PARTY WEBSITES MENTIONED OR LINKED ON MYPLANWITHCOH.ORG. NO REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON MYPLANWITHCOH.ORG WILL CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY CITY OF HOPE. TO THE FULLEST EXTENT PERMITTED BY LAW, CITY OF HOPE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR OR IN RESPECT TO MYPLANWITHCOH.ORG, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR RESPONSIBILITY AS TO, OF, OR FOR: (I) YOUR USE OF MYPLANWITHCOH.ORG, ITS CONTENTS (INCLUDING WITHOUT LIMITATION THIRD PARTY WEBSITES MENTIONED OR LINKED ON MYPLANWITHCOH.ORG OR ANY EXCLUDED INFORMATION) AND ALL PRODUCTS OR SERVICES RELATED TO MYPLANWITHCOH.ORG, INCLUDING ANY DAMAGES RESULTING OR ARISING FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN TRANSMISSION, COMPUTER VIRUSES, INFECTIONS, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, COMMUNICATION LINE FAILURES, NON-DELIVERIES, MIS-DELIVERIES, THEFT, OR UNAUTHORIZED ACCESS OF INFORMATION OR ANY FAILURE OR PERFORMANCE OF MYPLANWITHCOH.ORG; (II) ANY DENIAL OR RESTRICTION OF YOUR ACCESS TO MYPLANWITHCOH.ORG IN ANY MANNER BY CITY OF HOPE OR OTHERWISE; OR (III) THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF MYPLANWITHCOH.ORG.
WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY MYPLANWITHCOH.ORG WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT MYPLANWITHCOH.ORG OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Limitation of Liability and Choice of Law
CITY OF HOPE AND ITS OFFICERS, STAKEHOLDERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, ANY THIRD PARTIES MENTIONED OR LINKED TO ON MYPLANWITHCOH.ORG, EXCLUDED INFORMATION and any third party information or content providers to MYPLANWITHCOH.ORG ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF MYPLANWITHCOH.ORG OR ANY THIRD PARTY WEBSITES, ANY CONTENT OR INFORMATION ON MYPLANWITHCOH.ORG (INCLUDING WITHOUT LIMITATION EXCLUDED INFORMATION OR THIRD PARTY WEBSITES MENTIONED OR LINKED ON MYPLANWITHCOH.ORG OR THIRD PARTY WEBSITE, OR ANY PRODUCTS OR SERVICES RELATED TO MYPLANWITHCOH.ORG OR ANY THIRD PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY OF THE FOREGOING OR FOR DISSATISFACTION WITH MYPLANWITHCOH.ORG, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEBSITES IS TO STOP USING MYPLANWITHCOH.ORG AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION ON THE TYPE OR AMOUNTS OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THE TERMS AND CONDITIONS. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to THE TERMS AND CONDITIONS or your use of MYPLANWITHCOH.ORG shall be filed only in the state OR FEDERAL courts located in LOS ANGELES County in the State of CALIFORNIA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to THE TERMS AND CONDITIONS must be filed within one (1) year after such claim or cause of action arose or be forever barred.Indemnity
You understand and agree that you are personally responsible for your behavior in connection with Myplanwithcoh.org. You agree to indemnify, defend, and hold City of Hope and its officers, stakeholders, directors, employees, affiliates, agents, contractors, representatives, successors and assigns, any third-party information or content providers to Myplanwithcoh.org, harmless from any loss, liability, claims, demands, damages or costs (including, but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, made by any third party, due to or arising out of (i) your use or misuse of Myplanwithcoh.org by you, including without limitation, any false or fraudulent transaction; (ii) any violation or breach of the Terms and Conditions; or (iii) any violation of any of the rights of any other third party. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Copyrights
Except as otherwise indicated, all content on Myplanwithcoh.org is the property of City of Hope or its licensors and is protected by United States and international copyright laws. City of Hope allows you to view or download a single copy of such material solely for your personal, noncommercial use.
The compilation of all content on Myplanwithcoh.org is the exclusive property of City of Hope and is protected by United States and international copyright laws. Unless specifically authorized in writing by us, any use of these materials, or of any materials contributed to Myplanwithcoh.org by individuals or entities other than City of Hope, including on any other website or networked computer environment for any purpose is prohibited.
Any rights that are not expressly granted by the Terms and Conditions or any applicable end-user license agreements are reserved by City of Hope. Any content, information, material, and features on Myplanwithcoh.org are subject to change or termination without notice in the editorial discretion of City of Hope.
Please note that if you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Trademarks and service marks
“City of Hope” and the City of Hope logo are registered service marks of City of Hope or its affiliates. Other proprietary marks of City of Hope or third parties may be designated as such from time to time on Myplanwithcoh.org through use of the TM, SM, or ® symbols. You are not authorized to make any use of the City of Hope marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by City of Hope or the applicable third party.
Privacy
City of Hope makes Myplanwithcoh.org and its features, tools and services available to the general public for the purpose of providing useful information to the general public and not for the purpose of providing health care services. Myplanwithcoh.org is not intended to provide medical advice or health care services. Please consult your physician regarding your health questions, specific diagnosis and treatment. If you are experiencing a medical emergency, please IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION.
In order to use many of Myplanwithcoh.org’s features, tools, and services, we ask you to register on Myplanwithcoh.org. During this registration process, we will ask you to provide us with certain personally identifiable information, including your name, zip code, and email address (“Personal Information”). Consistent with the informational purpose of Myplanwithcoh.org, we collect the Personal Information from you as an on-line consumer and not as a City of Hope patient. The Privacy Statement in the Terms and Conditions describes how City of Hope handles Personal Information submitted as part of the registration process for Myplanwithcoh.org. In contrast, any information City of Hope collects when providing health care services is considered to be Protected Health Information or “PHI” as defined and governed by the Health Insurance Portability and Accountability Act of 1996 and governed by our separate Notice of Privacy Practices – COMM that City of Hope provides to its patients as part of providing them with our health care services.
“Web Activity Information” gathered by City of Hope and its third-party service providers
When you visit Myplanwithcoh.org, City of Hope may collect certain information on your activities while visiting Myplanwithcoh.org (“Web Activity Information”) in order to evaluate and improve the effectiveness of Myplanwithcoh.org. Web Activity Information may include information such as how many visits you made to Myplanwithcoh.org, the time of day and date of your visits; the areas of Myplanwithcoh.org that you visit, the Internet domain from which you access Myplanwithcoh.org; your computer’s IP address, and the type of browser and operating system you use. In doing so, City of Hope may utilize the services of certain third party service providers. This type of Web Activity Information is generally collected from server log files and from cookies.
IP Address
Your IP address is a number that is assigned by your ISP (Internet Provider) to your computer to identify its location. We use your IP address to help diagnose problems with our server and to administer Myplanwithcoh.org. We also sometimes use IP addresses to communicate with users and possibly even delete the accounts of users who are not complying with the Terms and Conditions.
Cookies
Myplanwithcoh.org may use a feature of your browser to set a “cookie” on your computer. Cookies are small packets of information that Myplanwithcoh.org stores on the hard drive of your computer, which can then be read by our servers whenever you visit Myplanwithcoh.org. We use cookies to save your password so you do not have to re-enter it each time you visit our site, to deliver content specific to your interests, and to track the pages you’ve visited. These cookies allow us to use the Web Activity Information we collect to customize your Web experience so that your visit to the Myplanwithcoh.org is as relevant and as valuable to you as possible.
You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies, you may be unable to use those parts of Myplanwithcoh.org that require registration in order to participate or you will have to sign in each time you visit Myplanwithcoh.org.
Guidelines Regarding Children
Personal information about children is a concern for all of us. At City of Hope, we take the protection of children’s privacy very seriously. We do not allow participation by children other than emancipated minors. Persons who we know to be under the age of 18 (other than emancipated minors) are prohibited from submitting a form on the site.
Links to other Sites
As noted above, Myplanwithcoh.org may contain links to third party websites that are not co-branded or affiliated with City of Hope in any way. We are not responsible for the privacy practices or the content of such Third Party websites, and we do not control the practices of the operators of any Third Party website.
Applicable Law
We control and operate Myplanwithcoh.org from the United States. Myplanwithcoh.org is not intended to subject us to the privacy laws or jurisdiction of any state, country, or territory other than that of the United States. Please note that we do not represent or warrant that Myplanwithcoh.org is appropriate for use in any particular jurisdiction. Those who choose to access Myplanwithcoh.org do so at their own initiative and are responsible for complying with all local laws, rules, and regulations.
GENERAL TERMS
Entire Agreement; Order of Precedence; Waiver; Severability
Unless otherwise specified herein, the Terms and Conditions constitutes the entire agreement between you and City of Hope with respect to Myplanwithcoh.org and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and City of Hope with regard to Myplanwithcoh.org. To the extent of any conflict or ambiguity between the Terms and Conditions and any other terms and conditions posted on Myplanwithcoh.org, the terms of Terms and Conditions shall govern to the extent of any conflict or ambiguity. City of Hope’s failure to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision. If any part of the Terms and Conditions is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.
The Terms and Conditions are accepted upon your use of Myplanwithcoh.org and is further affirmed by you submitting a form on the Myplanwithcoh.org.
