Connecting Family and Friends When Health Matters Most

Terms of Use

Effective Date: December 22nd, 2009

CaringBridge Inc. (“CaringBridge”) operates the CaringBridge.org website as a free online service (this “Service”) to help families and friends stay in touch during important life events, such as medical treatment, childbirth or adoption.

Your Consent

Please take a few minutes to review these Terms of Use before using our Service. By creating or visiting a CaringBridge Site (each a “CaringBridge Site”) or otherwise using our Service you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use our Service.

Authors and Visitors

When you use our Service to create or maintain your own CaringBridge Site, you are an “Author.” When you use our Service to view general content or visit another person’s CaringBridge Site, you are a “Visitor.” The term “User(s)” may be used to refer to an Author, a Visitor or both.

CaringBridge Privacy Policy

Our Privacy Policy describes the personal information we collect when you and others use our Service, for example, to create or visit a CaringBridge Site. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to the collection, use and disclosure of your personal information in accordance with our Privacy Policy. Please review our Privacy Policy before using our Service.

These Terms of Use May Change

We are continually improving and adding to the features and functionality of our Service and the services we offer through our Service. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of our Service. Your continued use of our Service after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

For your convenience, whenever these Terms of Use are changed, we will alert you by posting a notice on our home page for 60 days. We will also update the “effective date” at the top of this page. If more than 60 days goes by between your visits to our Service, be sure you check the effective date to see if these Terms of Use have been revised since your last visit.

You may access the current version of these Terms of Use at any time by clicking the link marked “Terms of Use” at the bottom of each page of our Service.

Other Agreements

When you sign up to use specific functionality or a special feature of our Service, you may be asked to agree to special terms governing your use of that functionality or special feature. In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click–through” agreement. If any of the terms of the click–through agreement are different than the terms of these Terms of Use, the terms of the click–through agreement shall supplement or amend these Terms of Use, but only with respect to the matters governed by the click–through agreement.

Submissions

What are Submissions? In these Terms of Use, we refer to the text, photographs, images, illustrations, graphics, sound recordings, video and audio–video clips, links, and other materials Authors and Visitors post on a CaringBridge Site as “Submission(s).”

Restrictions on Submissions. You may not post any Submission on a CaringBridge Site that

violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate; or inflammatory;
you know (or reasonably should know) is false, deceptive or misleading;
contains information that could be used for identity theft purposes, such social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes or passwords;
contains “private” or “sensitive” information about any other individual, such as information about that person’s, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, physical or mental health conditions, or other sensitive matters, without first obtaining that person’s express permission;
contains the image, name, or likeness of anyone other than yourself, unless that person is over 18 and you have first obtained that individual’s express permission;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions;
encourages others to violate these Terms of Use;
violates any applicable local, state, national, or international law; or
is inconsistent with the values or the spirit of the CaringBridge user community.

How to Report Abuse. Please notify CaringBridge at contentadmin@caringbridge.org immediately of any Submission that you believe violates these Terms of Use.

License to Use Your Submissions. By posting Submissions on a CaringBridge Site, you are granting CaringBridge a non–exclusive, worldwide, full paid–up and royalty–free, fully assignable, transferable and sub licensable license to use, copy, perform and display publicly (including, in the case of sound recordings, to perform publicly in digital audio transmission), distribute, and prepare derivative works based on your Submissions, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known, in accordance with these Terms of Use, which includes our Privacy Policy.

Termination of License to Use Your Submissions. The license granted in preceding section of these Terms of Use shall automatically terminate with respect to our future uses of Submissions within a commercially reasonable time after you remove (or ask us to remove) such Submissions from our Service. However, to the extent we have already exercised any of the foregoing license rights with respect to the removed Submissions, such licenses shall not be deemed revoked as to the prior uses. In addition, such licenses shall not be deemed revoked as to any Submissions that have been transmitted to other websites, persons or media. For example, if you have asked us to forward your postings to your Facebook page as soon as we receive them, and we have done so, we have no way to remove them from your Facebook page. Termination of this license does not terminate the license you have granted in any Ideas contained in your Submissions. In addition, termination of this license does not terminate our right to preserve, access and disclose your Submissions if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CaringBridge, its users and/or the public.

Your Warranties With Respect to Your Submissions. By posting a Submission on a CaringBridge Site, you represent and warrant that the posting of your Submission on the CaringBridge Site you select does not violate these Terms of Use or applicable laws.

Right, But Not Obligation, to Monitor Submissions. CaringBridge does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.

Your Use of Submissions Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these Terms of Use.

Submissions Do Not Reflect the Views of CaringBridge. The Submissions posted on our Service by any person, regardless of that person’s affiliation or non-affiliation with CaringBridge, reflect only the opinions of the person posting the Submission.

Responsibility for Submissions Posted on our Service

You, and you alone, are legally responsible for your Submissions. If any part of your Submission is not your original work, it is your responsibility to obtain permission from the copyright owner before you post your Submission.

Failure to comply with these Terms of Use may expose you to liability to CaringBridge and liability to individuals or legal entities whose copyrights or other rights have been violated.

UNDER NO CIRCUMSTANCES SHALL CARINGBRIDGE OR ITS SPONSORS BE LIABLE IN ANY WAY FOR ANY SUBMISSIONS POSTED ON OR MADE AVAILABLE THROUGH A CARINGBRIDGE SITE BY YOU OR ANY OTHER USER. Although we include strict provisions regarding Submissions in these Terms of Use, we do not control, have no obligation to monitor, and are not responsible for what Users post on or through our Service and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal Submissions you may encounter on our Service or in connection with your use of our Service. You understand that by maintaining or visiting a CaringBridge site, you or your Visitors may be exposed to Content that is offensive, indecent or objectionable.

Other Restrictions on Your Use of our Service

You may not use our Service

to access (or attempt to access) areas or features of our Service for which you do not have the proper authorization;
to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
to link one CaringBridge Site to another without consent of Author of that CaringBridge Site;
to link one CaringBridge Site to another outside of the Links page on the CaringBridge Site;
in a manner that violates any national, state, local or international law, rule or regulation;
for any commercial purpose, including to advertise, promote or sell products or services;
to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support our Service;
to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying our Service.

Ownership of Content Posted by Authors and Visitors on CaringBridge Sites

Many Authors ask us if they own the copyright in whatever they post on their CaringBridge Site. The answer is “yes.” If a Submission (whether it be a journal entry, a poem, a photograph, or any other form of content) is the original work of the individual posting the Submission, then the individual posting the Submission owns the copyright in that work. This is true whether the individual is an Author or a Visitor. CaringBridge does not claim any copyrights in original works created and posted by its Users. Please be aware, however, that by posting a Submission on a CaringBridge Site you are granting CaringBridge a license to use your Submission in accordance with these Terms of Use.

Ownership of Site and CaringBridge Content

Ownership of This Site. This Site, including all of the software and code comprising or used to operate our Service, all of the personalized CaringBridge Sites, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio–video clips, and other materials available on our Service (collectively, “Content”), except for your own Submissions, is owned by CaringBridge or by third parties who have licensed their rights to CaringBridge. No right, title or interest in our Service, any CaringBridge Site, or any Content is transferred to you under these Terms of Use.

Copyrights. As between you and CaringBridge, CaringBridge and its licensors own and reserve the copyrights in our Service, including all of its Content, except that CaringBridge does not claim ownership of the copyrights in your Submissions.

Copyright License. We hereby grant you a limited license to access and use our Service, including any CaringBridge Site to which you have properly gained access, and to download and print copies of any Content to which you have properly gained access, but only for your own personal, non–commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in these Terms of Use, unless you first obtain our written permission. This license and these restrictions do not apply to your own Submission.

Trademarks. All tradenames, trademarks and service marks displayed on this website are the registered or unregistered trademarks of CaringBridge, or its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this website without the prior express written permission of CaringBridge or the trademark owner.

Removal of Content

In General. If you would like us to remove any Submissions from our Service for any reason, please notify us at contentadmin@caringbridge.org. While we do not have any obligation to remove Submissions merely because of a removal request, CaringBridge will review all such requests and will remove Submissions that we determine should be removed, in our sole discretion and in accordance with these Terms of Use (including our Privacy Policy) and applicable law. If you are requesting removal of Submissions due to a violation of your copyrights, please follow the procedure described in the “Violation of Copyrights/Copyright Agent” paragraph below.

Violation of Copyrights/Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately of any copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:

a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e–mail address;
a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
a statement that all of the information you have provided is accurate; and
a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Your notice must be signed (physically or electronically) and must be addressed as follows:

Sona Mehring, Executive Director
CaringBridge
1715 Yankee Doodle Road, Suite 301
Eagan, MN 55121
Phone: (651) 452–7940
E–mail: copyright@caringbridge.org

Any notification by a copyright owner or a person Authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon CaringBridge actual knowledge of facts or circumstances from which infringing material or acts are evident.

Ownership of Ideas

DO NOT SUBMIT CONFIDENTIAL OR PROPRIETARY IDEAS TO US. DO NOT SUBMIT IDEAS TO US IF YOU EXPECT ANY FORM OF COMPENSATION. ANY IDEAS YOU CHOOSE TO SUBMIT TO US MAY BE USED BY US IN ANY MANNER WHATSOEVER WITHOUT COMPENSATING YOU IN ANY WAY AND WITHOUT OBLIGATION OF CONFIDENTIALITY. PLEASE READ THIS SECTION CAREFULLY BEFORE YOU SUBMIT ANY IDEAS TO US.

As used in these Terms of Use, the term “Ideas” refers to any feedback, suggestions, inventions, conceptions or ideas you submit to CaringBridge. The term “Ideas” does not include any Submission you post on a CaringBridge Site.

CaringBridge does not wish to receive confidential or proprietary Ideas. All Ideas submitted to CaringBridge through our Service shall be considered NON–CONFIDENTIAL and NON–PROPRIETARY.

By submitting Ideas to CaringBridge through our Service, you are granting to CaringBridge and its designees a perpetual, irrevocable, worldwide, non–exclusive, fully–paid up and royalty free, fully assignable, transferable and sublicensable license to use, exploit, modify, improve, copy, distribute, display or perform publicly (including, in the case of sound recordings, to perform publicly in digital audio transmission), prepare derivative works of the Ideas you submit (and all rights therein), without restrictions of any kind, without any payment or other consideration of any kind, without notification to you or any third party, and without attribution, throughout the universe and in any form, format or medium now or hereafter known, and to authorize others to do the same. This license includes the right to reduce to practice, make, have made, use, import, export, sell, and offer to sell products and services incorporating, embodying, or using the Ideas (including, to the extent reasonably necessary, any ideas underlying the Ideas) and to authorize others to do the same.

Right to Modify or Discontinue Site

CaringBridge reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Service (or any part thereof) with or without notice. CaringBridge shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service.

Links to Other Sites

This Site, including individual CaringBridge Sites, may provide links to other websites operated by third parties. Because we have no control over third–party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. CaringBridge shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Disclaimer of Warranties

CARINGBRIDGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SERVICE, ANY CONTENT (INCLUDING USER SUBMISSIONS) ON THIS SERVICE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SERVICE. THIS SERVICE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARINGBRIDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARINGBRIDGE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SERVICE. CARINGBRIDGE DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS SERVICE BY USERS, AND USER SUBMISSIONS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF CARINGBRIDGE.

NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY STATUTORY RIGHTS TO WHICH YOU MAY BE ENTITLED AS A CONSUMER TO THE EXTENT YOUR ABILITY TO ALTER OR WAIVE SUCH RIGHTS BY CONTRACT IS LIMITED BY APPLICABLE LAW.

Limitations Of Liability

UNDER NO CIRCUMSTANCES, SHALL CARINGBRIDGE, OR ITS SPONSORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE, ITS CONTENT (INCLUDING USER SUBMISSIONS), ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SERVICE, OR YOUR USE OF OR INABILITY TO USE THIS SERVICE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SERVICE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CARINGBRIDGE OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CARINGBRIDGE, ITS SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Special Terms for Authors of CaringBridge Sites

The following special terms apply when you use our Service to create or maintain a CaringBridge Site:

Age Restriction. You must be at least 18 years old to create and maintain a CaringBridge Site. If you are under 18, your parent or guardian may create and maintain a CaringBridge Site for you. Your parent or guardian must register as the Author and select the privacy level for the CaringBridge Site.

Author Registration Information. As the Author of a CaringBridge Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the setup account form on the “Setup Account” Page, and (b) to maintain and promptly update the Author Account Information to keep it true, accurate, current and complete.

Author Log In Information. As the Author of a CaringBridge Site, you will update your site using your log in information(email address and password). When you log in using your Email address and password, you will be able to update your CaringBridge Site and set the level of privacy for your CaringBridge Site. You may change this information at any time.

Author Log In Information Security. You may not use the email address and password of any other person to access our Service. You are responsible for maintaining the confidentiality of your Author email address and Password and may not let any other person use it to access our Service. You shall be solely responsible for the activities of anyone accessing our Service using an Author Password assigned to you, even if the activities were not, in fact, authorized by you. You must notify CaringBridge immediately of any unauthorized use of your Author Password. Email us at contentadmin@caringbridge.org. In addition, if you believe or suspect your Author Password has been compromised, you must promptly change your Author Password using the functionality provided on our Service. If you need help changing your Author Password, contact us at customercare@caringbridge.org

Privacy Settings. Our goal is to balance our Users’ need to find each other and communicate information and support against our Users’ desire for a measure of privacy. Because our Authors have different preferences and needs, we let each Author choose from a menu of privacy settings. The menus vary, depending on when the CaringBridge Site was first created. Please see our Privacy Policy for more information.

Term and Cost of Service. Unless one of the other provisions of these Terms of Service applies:

CaringBridge will host your CaringBridge Site at no charge to you for one (1) year from the date you create your CaringBridge Site.
At the end of one (1) year, we may review your CaringBridge Site for activity. If your CaringBridge Site is still active, we will contact you and, if you wish, continue to maintain your CaringBridge Site at no charge to you. If your CaringBridge Site has been inactive for at least six (6) months as of the end of the first year, we may delete your CaringBridge Site.
After the first year, we will periodically review your CaringBridge Site for activity. After the first year, we may delete inactive CaringBridge Sites after a six (6) month period of inactivity.
You may deactivate your CaringBridge Site at any time.

Termination. As the Author of a CaringBridge Site, you agree that CaringBridge may, under certain circumstances and without prior notice, immediately delete your CaringBridge Site. Cause for such termination will include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods (more than six months) of inactivity. Further, you agree that all terminations for cause will be made in CaringBridge’s sole discretion and that CaringBridge will not be liable to you or any third–party for deletion of your CaringBridge Site.

Preserve your CaringBridge Site. We recommend that, from time to time, you print your Journal, Guestbook and other pages of your CaringBridge Site so that you will have a back–up copy in case any part of your CaringBridge Site is accidentally destroyed.

Special Terms for Visitors

The following additional terms apply when you use our Service to visit a CaringBridge Site:

Age Restriction. You must be at least 13 years old to register as a Visitor. If you are under 13, your parent or guardian may create and maintain a CaringBridge account for you. Your parent or guardian must register as the Visitor.

Visitor Registration Information. As a Visitor of CaringBridge, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form on the “Visitor Registration” page, and (b) to maintain and promptly update your Visitor Registration Information to keep it true, accurate, current and complete.

Visitor Password. As a registered Visitor, you can choose an optional, unique password (your “Visitor Password”). When you log in using your Visitor Password, you will be able to update your Visitor Registration Information. You may change your Visitor Password at any time.

Visitor Password Security. You may not use the password of any other person to access our Service. You are responsible for maintaining the confidentiality of your Visitor Password and may not let any other person use it to access our Service. You shall be solely responsible for the activities of anyone accessing our Service using an Visitor Password assigned to you, even if the activities were not, in fact, authorized by you. You must notify CaringBridge immediately of any unauthorized use of your Visitor Password. Email us at contentadmin@caringbridge.org. In addition, if you believe or suspect your Visitor Password has been compromised, you must promptly change your Visitor Password using the functionality provided on our Service. If you need help changing your Visitor Password, contact us at customercare@caringbridge.org.

Fundraising

As a charitable 501(c)(3) organization, CaringBridge invites Users to provide charitable donations to CaringBridge. Donations ensure families can use CaringBridge free of charge. CaringBridge will inform Users of the opportunity to donate on the CaringBridge websites, within email communications and within direct mail letters. Users can opt–out of email and direct mail letter communications.

From time to time, Users will post information on an individual CaringBridge Site to let other Users know how they can contribute money to help someone in need. Our concern is that some of these requests for help may be fraudulent, and our Users may be deceived. We can not review every posting on every CaringBridge Site and have no way of policing these requests or determining their authenticity. Accordingly, we urge you not to respond to any fundraising requests that may be posted on an individual CaringBridge Site unless you are absolutely certain, from first hand knowledge, that the request is legitimate and that your donation will be used in the manner you intend. CARINGBRIDGE WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSSES OR DAMAGES CAUSED OR ALLEGED TO BE CAUSE IN CONNECTION WITH YOUR RESPONSE TO ANY SOLICITATION CONTAINED ON ANY INDIVIIDUAL CARINGBRIDGE SITE. We also want to remind you that contributions made in response to solicitations posted on individual CaringBridge Sites are not contributions to CaringBridge and may not be tax deductible.

Security

Every member of a caring community, including the Author, family and all Visitors, is responsible for maintaining the confidentiality of the website address (“URL”) of a CaringBridge Site in accordance with the Author wishes. CaringBridge has no way of knowing and will not be responsible or liable if the individual accessing a CaringBridge Site obtained the website address through improper means.

In addition, individuals using our Service must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure.

CaringBridge does not warrant that our Service or any CaringBridge Site is secure or “hackerproof.” You use our Service solely at your own risk.

Protecting Children Under the Age of Thirteen

Caring communities may include friends and family of all ages. Special care must be taken to protect children under the age of 13. For this reason, CaringBridge does not permit children under age 18 to create or maintain their own CaringBridge Sites — a parent or guardian must register as the Author and take responsibility for the CaringBridge Site. We also do not permit children under the age of 13 to register as Visitors. Instead, their parent or guardian must register as the Visitor, so that the parent or guardian can supervise their child’s activities as necessary. If you believe that a child has posted Submissions on our Service without the consent and supervision of a parent or guardian, please contact us at contentadmin@caringbridge.org so that we can take appropriate action.

Choice of Law, Jurisdiction and Venue

These Terms of Use and the relationship between you and CaringBridge shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Minnesota, U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS SERVICE OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN HENNEPIN COUNTY, MINNESOTA, U.S.A. YOU AND CARINGBRIDGE IRREVOCABLE AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General

As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use shall remain in full force and effect.

These Terms of Use set forth the entire understanding and agreement between us and supercede all prior understandings and agreements between you and CaringBridge with respect to the subject matter hereof.

These Terms of Use may be amended only as set forth above in these Terms of Use.

Contact Us

If you have any questions regarding this these Terms of Use, please contact us by email at customercare@caringbridge.org CaringBridge, 1715 Yankee Doodle Road, Suite 301, Eagan, MN, U.S.A. 55121.

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