St. Jude Children’s Research Hospital, Inc., (“St. Jude”), has created and made available this St. Jude Global Alliance Online Community (the “Online Community”). By accessing or using this Online Community, each person or entity authorized by St. Jude to have such access or make such use (each a “Community Member” and collectively the “Community Members”) acknowledges that it has read, understands, and agrees, without limitation or qualification, to be bound by the Terms and Conditions set out herein (these “Terms and Conditions”).
These Terms and Conditions represents the complete agreement between St. Jude and the Community Member, and supersede any other written or oral agreement, with regard to the subject matter of these Terms and Conditions. St. Jude may, at its discretion, change, modify, add, or remove portions of these Terms and Conditions. Please check these Terms and Conditions periodically for changes and updates. The Community Member’s continued use of the Online Community following posting of changes to these Terms and Conditions constitutes the Community Member’s acceptance of such changes, modifications, additions and removals.
The information contained on the Online Community is general in nature and is designed for use by health care professionals only. St. Jude attempts to be as accurate as possible when providing a Community Member with information on the Online Community; however, to the extent permitted by applicable law, St. Jude does not warrant that the content available on the Online Community is accurate, complete, reliable, current, or error-free. St. Jude may add, modify, correct, or delete any information to or from the Online Community at any time without notice. St. Jude makes no commitment, however, to update or correct such information.
The Online Community was developed by the St. Jude Department of Global Pediatric Medicine and is the property of St. Jude. All content available on the Online Community, including, but not limited to, information, documents, products, website, logos, graphics, audio clips, text, software, button icons, design elements, sounds, images, data compilations, and software, and the compilation thereof, and all other materials originated or used by St. Jude on the Online Community (the “Content”) is the property of St. Jude and is protected by United States and international copyright laws. These laws apply to materials made available on the Internet and regardless of whether a copyright notice (©) is displayed. The use of such materials is subject to compliance with those laws. Copyright law gives the owners of copyrighted materials the right to decide how and where their materials are used. Community Members are responsible for determining whether they need a license or permission from the owner to use such materials on the Online Community, on another website, or in any emails, marketing materials, or other collateral materials. If a Community Member is unsure whether something is available for use, the Community Member should seek legal advice.
The trademarks, logos, and service marks displayed on the Online Community (collectively, the “Trademarks”) does not imply a claim of ownership of the registered and unregistered marks of St. Jude Children’s Research Hospital.
All copyright, trademark, other proprietary rights, and all other materials originated or used by St. Jude on the Online Community are reserved to St. Jude and its authorized licensees. Except as set out in Sections 4 and 5 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Online Community may be used, reproduced, duplicated, distributed, uploaded, downloaded, displayed, transmitted, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without St. Jude’s written consent.
Community Members may not copy or reproduce any part of the Online Community information accessed at other sites through links made at the Online Community or use the Online Community content to construct any kind of database.
Community Members may not modify the website that hosts the Online Community, or any formatting, content, or material constituting the platform through which the Online Community functions, without the written permission of St. Jude. Community Members will observe copyright and other restrictions applicable to the Online Community and other websites. Community Members may not use the Online Community in any manner that infringes on the rights of any person or entity. This is not intended to limit Community Members’ participation in conversations within the Online Community, uploading of documents or files, or shared editing of collaborative materials.
St. Jude grants Community Members a limited, revocable, non-transferable and non-exclusive license to access and make personal, non-commercial use of the Online Community. Please note that Community Members may not frame or utilize framing techniques to enclose the Online Community or any portion thereof without St. Jude’s written consent.
The limited license set out in this Section does not include the right to: (i) modify or download not modify the website that hosts the Online Community, or any formatting, content, or material constituting the platform through which the Online Community functions (except caching or as necessary to view Content); (ii) make any use of the Online Community or the Content other than non-commercial use; (iii) create any derivative work based upon either the Online Community or the Content; (iv) remove copyright notices or other proprietary rights notices contained in the Online Community or the Content; (v) use any meta tags or any other “hidden text” utilizing St. Jude’s name or Trademarks without written consent of St. Jude; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden on St. Jude infrastructure.
Community Members are granted a limited, revocable, non-transferable and nonexclusive right to create a hyperlink to the home page of the Online Community for non-commercial use only. A website that links to the Online Community (i) may link to but not replicate the Content; (ii) may not imply that St. Jude is endorsing the website or its website or products; (iii) may not misrepresent its relationship with St. Jude; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray St. Jude or the Online Community in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate St. Jude with undesirable products, websites, or opinions; (vi) may not use any Trademark without written permission of St. Jude; (vii) may not link to any page of the Online Community other than the home page. St. Jude may, in its sole discretion, request that Community Members remove any link to the Online Community, and upon receipt of such request, Community Members will promptly remove such link.
Any unauthorized use of the Online Community by a Community Member terminates the limited license set out in this Section without prejudice to any other remedy provided by applicable law.
If Community Members are permitted by St. Jude to download software from the Online Community, the software, including materials, documentation, and data accompanying the software (collectively, the “Software”) are licensed to the Community Member by St. Jude. St. Jude does not transfer title to the software to Community Members and Community Members have no rights other than as a non-exclusive licensee under the same terms as set out herein. St. Jude retains full and complete title to the software, and all its intellectual property rights. Community Members may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise modify the Software.
If a Community Member is a registered member of the St. Jude Global Alliance and has been provided with a username and password, the Community Member may access and use the Online Community St. Jude Global Alliance Member Area. The Member Area is intended for use by St. Jude Global Alliance members to exchange information and may not be used for any other purpose. Members may not knowingly enter false information in the St. Jude Global Alliance Member Area.
Information provided on the Online Community constitutes informal communication only and is not intended to create a treatment relationship between St. Jude and a Community Member or a patient.
If a Community Member uses the St. Jude Global Alliance Member Area, the Community Member is responsible for maintaining confidentiality of its username and password and for restricting access to its computer, and the Community Member agrees to accept responsibility for all information that is entered under its username and password. St. Jude may terminate accounts, or remove or edit content inputted by Community Members, for any reason in St. Jude’s sole discretion and without notice.
Community Members who use the St. Jude Global Alliance Member Area are further responsible for maintaining the confidentiality of personal and confidential information regarding patients, including a patient’s name, birth date, image, identification numbers and medical history (collectively, “Personal Information”). By using the Online Community, Community Members will take all steps necessary to protect and otherwise prevent the unauthorized disclosure on the Online Community of personal health information, private personal information, or any information that may, or may be used to, identify any individual (any or all, collectively, “PII”), to which Community Members have access. Transmission of PII on the Online Community is not permitted. St. Jude personnel and contractors must report all privacy complaints or actual or suspected breaches of this provision in a timely and complete manner, as required by applicable law. Community Members may report complaints or suspected breaches of this provision under the procedures and guidelines set out in and for the Online Community.
The Online Community may contain links to websites controlled by third-parties other than St. Jude. St. Jude is not responsible for the content of websites linked to or from the Online Community. Links appearing on the Online Community to other websites are for convenience only and are not a St. Jude endorsement, sponsorship, or recommendation of the referenced content, product, service, or supplier. Linking to or from any other website is at the Community Member’s own risk. St. Jude is not responsible for examining or evaluating, and does not warrant the offerings of, websites linked to or from the Online Community, nor does St. Jude assume responsibility or liability for the actions, content, or products, of other Online Communities, including their privacy statements and terms and conditions. Community Members should carefully review the terms and conditions and privacy policies of other websites before linking to them.
The information on the Online Community, including but not limited to any Content, is for informational and educational purposes only, and is not intended as a substitute for medical professional help, advice, diagnosis or treatment.
Information on the Online Community is not provided in the course of a professional relationship between a healthcare provider and a patient, and is not intended to create a physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional.
If a Community Member thinks there may be a medical emergency, the Community Member should call or see a doctor or call a local emergency facility without delay. A COMMUNITY MEMBER SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING A COMMUNITY MEMBER HAS READ ON THIS ONLINE COMMUNITY.
The information on the Online Community, including but not limited to any Content, is for informational and educational purposes only. Although the Online Community uses reasonable efforts to ensure that the information provided is current, complete and, where appropriate, based on scientific evidence, St. Jude makes no assurances as to whether the provided information will at all times be current and does not provide medical advice or reflect the best medical practice for any specific circumstance.
Community Members must not substitute information contained on the Online Community for a Community Member’s own professional judgment, nor rely on information provided on the Online Community in rendering a diagnosis or choosing a course of treatment for a particular individual.
St. Jude makes no representations regarding, and does not warrant, the accuracy, completeness, timeliness, or usefulness of the opinions and other information provided through the Online Community or on the World Wide Web generally.
St. Jude makes no representations or warranties regarding its own or any third party's compliance with government regulations requiring disclosure of information about prescription drug products or the approval of or compliance with any software tools with regard to the Content provided on the Online Community. St. Jude, its licensors, and its suppliers have no control over and accept no responsibility for compliance with the laws, rules, and regulations applicable to a Community Member’s country or state of residence.
The Online Community may contain health or medical-related materials that a Community Member may find sexually explicit or otherwise offensive.
Access and use of the Online Community may require the use of software, hardware, servers and/or websites provided or maintained by others and over which St. Jude has no control. St. Jude does not guarantee that these products will work as expected.
All information with respect to the Online Community is transmitted over a medium that is beyond St. Jude’s control and jurisdiction. Accordingly, St. Jude assumes no responsibility for, or relation to, delay, failure, interruption, or corruption of data or other information transmitted in connection with use of the Online Community or any websites accessed through the Online Community. St. Jude does not guarantee continuous access to the Online Community, or that any defect in the Online Community will be corrected. Community Members are solely responsible for implementing sufficient procedures to satisfy particular requirements for protection of computer systems and/or accuracy or integrity of data, and for maintaining a means of reconstructing or retrieving any lost or corrupted data.
St. Jude recognizes the importance of protecting the privacy of visitors to the Online Community. St. Jude has developed the following privacy terms so that Community Members can understand the care with which St. Jude intends to treat the information provided at the Online Community. Privacy terms are as follows:
St. Jude may collect and store information about Community Members in various ways, including information that the Community Member provides to St. Jude, information that St. Jude automatically collects through use of the Online Community, and information from publicly-available sources or non-affiliated third parties. St. Jude may also collect statistical and other additional information in connection with the Online Community usage and surveys. St. Jude will maintain appropriate safeguards to protect the security, integrity, and privacy of Community Member personally identifiable information.
Information Members Provide to St. Jude
Community Members using the Online Community may be invited to provide or upload information as follows:
Information that is Collected Automatically and/or Passively
Device/Usage Information. When a Community Member uses the Online Community, St. Jude may collect and analyze information such as the Community Member’s IP address, browser types, browser language, operating system, the state or country from which the Community Member accessed the Online Community, software and hardware attributes (including device types and IDs), referring and exit pages and URLs, platform type, the number of clicks, files the Community Member downloads, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms the Community Member uses in searches on the Online Community, the date and time the Community Member used the Online Community, error logs, and other similar information. St. Jude uses this information and the information collected by third-party service provider for analytics, including to determine which portions of the Online Community are used most frequently and what the Community Members like and do not like;
Emails. If a Community Member receives an email from St. Jude, St. Jude may collect information related to whether the Community Member opens the email, and what content the Community Member selects to view via the email;
Location. St. Jude may collect the city, state, and country associated with the IP address of the device that the Community Member uses to access the Online Community.
Information from Third Party Sources
St. Jude may receive information about Community Members from publicly and commercially available sources, as permitted by law, which St. Jude may combine with other information St. Jude receives from or about Community Members.
Information St. Jude Collects from Social Media and Other Content Platforms
When a Community Member “likes” or “follows” St. Jude on Facebook, Instagram, Twitter or other social media sites, St. Jude may collect information from the Community Member, including name, e-mail address, and any comments or content the Community Member posts relevant to St. Jude.
For information about opt-out options relating to data collected using cookies and other automated technologies (e.g., for analytics), please review the information and hyperlinks in the “Cookies and Other Automated Technologies section,” above and the “Online Analytics” section, below, of these Terms and Conditions.
St. Jude does not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions.
St. Jude may use Community Member information to:
St. Jude may aggregate and/or de-identify information collected through the Online Community. St. Jude may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share data with third parties.
A Community Member’s personally identifiable information will not be sold or otherwise transferred to unaffiliated third parties without written consent of the Community Member. Information concerning an individual’s usage of the Online Community will not be disclosed to third parties except in aggregate form.
The following provides information about entities with which St. Jude may share information. Practices may vary depending on the type of information shared.
St. Jude does not knowingly collect personal information from children under the age of 13 without parental consent, unless permitted by law. If St. Jude learns that a child under the age of 13 has provided personal information (as defined by the Children’s Online Privacy Protection Act), St. Jude will delete it.
St. Jude employs administrative, technical, and physical security measures to help protect information from unauthorized access. These measures vary depending on the sensitivity of the information St. Jude has collected; however, no method of transmission over the Internet or via mobile device, or method of electronic storage, is absolutely secure. Therefore, while St. Jude strives to use commercially acceptable means to protect Community Member information, St. Jude cannot guarantee its absolute security.
St. Jude does not disclose personal information to third parties for the purpose of directly marketing their services to Community Members unless a Community Member first agrees to such disclosure.
St. Jude computer systems are currently based in the United States; Community Member data will be processed by St. Jude in the United States. If a Community Member creates an account with the Online Community as a visitor from outside the United States, by using the Online Community, the Community Member agrees to these Terms and Conditions and consents to the transfer of its information to the United States and to the processing of that information as described in these Terms and Conditions.
Manage Account Information. Community Member may modify account information by updating and editing the information contained in their profile and the visibility settings for each profile field. To update profile information and privacy settings Community Members:
a. Click on their avatar within the Online Community and select “Edit Profile.”
b. Update the profile fields and click ‘Save” at the bottom of the screen.
c. Repeat step a., and click on the “Privacy” tab.
d. Select the desired visibility for each profile field and click “Save” at the bottom of the screen.
St. Jude makes community discussion areas ("groups," "forums," "message boards,") e-mail functions and/or news areas (individually and collectively, the "Community Forums") available for Community Members’ interactive use on the Online Community. Community Members that use the Community Forums are solely responsible for its own communications and the consequences of posting those communications. St. Jude assumes no responsibility for communication on, or consequence arising from the use of, the Community Forums. The purpose of the Community Forums is to facilitate an exchange of professional ideas and to stimulate community interaction. To encourage participation in the Community Forums as enjoyable and productive for everyone concerned, St. Jude expects that Community Members adhere to the following rules:
A user of the Community Forums should provide its real name and use its own login identity when
participating in Community Forums. A user may not impersonate another person nor allow others to use its identification.
Consider posts carefully. If a Community Member would not want others to see comments, it is unwise to post them.
Be respectful and professional. Use common courtesy when posting content: refrain from abusive, language, images, or links. Do not use ethnic slurs, personal insults, or engage in any conduct that would not be acceptable in the physical workplace. Remember that Community Members are providing content for a multicultural audience -- things that do not seem offensive to one might seem so to others. Try to frame your post to invite differing points of view without inflaming others. It is difficult to stop an inflammatory discussion once it begins.
All concepts, ideas, comments, documents, illustrations, educational course content and other materials disclosed or offered to St. Jude on or in connection with the Online Community are submitted without any restrictions or expectation of confidentiality. Unless otherwise agreed to in writing by a Community Member and St. Jude, St. Jude will have no financial or other obligations to Community Members that submit information, and Members will not assert any proprietary or moral right of any kind with respect to its submissions. St. Jude will have the right to use, modify, publish, reproduce, transmit, download, upload, post, display, or otherwise distribute submissions in any manner without further notice or compensation to the Community Member.
THE ONLINE COMMUNITY IS PRESENTED “AS IS” AND “AS AVAILABLE.” ST. JUDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE ONLINE COMMUNITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
ST. JUDE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE ONLINE COMMUNITY; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-ONLINE COMMUNITY LINKS ON THE ONLINE COMMUNITY; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH A COMMUNITY MEMBER USE OF THE ONLINE COMMUNITY, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND ST JUDE’S REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW ST. JUDE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED IN ANY WAY TO A COMMUNITY MEMBER’S USE OF THE ONLINE COMMUNITY REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE, EVEN IF ST. JUDE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ST. JUDES MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
Community Members will defend and indemnify St. Jude for any loss, damages or costs, including reasonable attorneys’ fees and disbursements, resulting from a third-party claim, action, or demand resulting from a Community Member’s use of the Online Community or the Content, including claims resulting from the diagnosis of and provision of health care to patients through the St. Jude Global Alliance Member Area of the Online Community. Community Members also will defend and indemnify St. Jude for any third party loss, damages, or costs, including reasonable attorneys’ fees, resulting from its use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action a Community Member takes that imposes an unreasonable burden or load on St. Jude infrastructure.
With respect to any dispute regarding the Online Community, Community Member rights and obligations and all actions contemplated by these Terms and Conditions will be governed by the laws of the United States and the State of Tennessee, as if the Terms and Conditions are a contract wholly entered into and wholly performed within Tennessee. Community Members agree and expressly consent to the exercise of personal jurisdiction in the courts of Tennessee in connection with any dispute, including a claim involving St. Jude or its affiliates, subsidiaries, employees, contractors, officers, or directors.
Unless subject to the binding terms and provisions of other St. Jude service agreements, St. Jude may terminate these Terms and Conditions and restrict access to the Online Community at any time without notice. Upon notice of termination by St. Jude, the Community Member will destroy all materials obtained from the Online Community and all related documentation and copies and installations thereof, whether made under these terms or otherwise.
The Community Member’s use of the Online Community will comply with all applicable laws, rules, and regulations that govern the export of technical and private personal data. By downloading information or software, the Community Member attests that it is not in a country where such export is prohibited, that it is not a person or entity to which such export is prohibited, and that it accepts full responsibility for compliance with the laws of its local jurisdiction.
Nothing contained in these Terms and Conditions will be construed as creating any agency, partnership, or other form of joint enterprise between St. Jude and a Community Member. St. Jude’s failure to require a Community Member’s performance of any provision herein will not affect its full right to require such performance at any time thereafter, nor will a waiver of a breach of any provision herein be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions are unenforceable or invalid under any applicable law or determined to be so by an applicable court decision, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole. St. Jude will amend or replace the provision with one that is valid and enforceable, and which achieves, to the extent possible, its original objectives and intent as reflected in the original provision.
If a Community Member has questions regarding these Terms and Conditions, St. Jude, or St. Jude’s privacy protections please contact the St. Jude Global Alliance at firstname.lastname@example.org.