Welcome to

Together is a new resource for anyone affected by pediatric cancer - patients and their parents, family members, and friends.

Learn More

Terms of Use

Effective June 2018

This Terms of Use (“Terms”), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN, governs your access to and use of the Together website made available and owned by St. Jude Children’s Research Hospital, Inc. (“St. Jude,” “we,” “our,” or “us”). By accessing or using any portion of Together and any related services (the “Services”), you hereby agree to these Terms and agree to comply with all applicable laws. Please read the Terms carefully before accessing the Services. If you do not agree to be bound by these Terms, you are not permitted to access, enter, or use any part of the Services.

Please review the Together Privacy Policy, which is incorporated herein by reference and governs our collection and use of your information.

1. ELIGIBILITY TO USE THE SERVICES

All references to “you” or “your,” as applicable, mean the person who accesses or uses the Services in any manner, and each of your heirs, assigns, and successors.

By accessing or using the Services, you represent and warrant that you are at least 18 years old and able to form legally binding contracts under applicable law. If you are under the age of 18, please have your parent or guardian read and agree to these Terms. If your parent or legal guardian does not agree to (or cannot comply with) these Terms, do not use or attempt to use Services.  

2. MODIFICATIONS TO THE TERMS & SERVICES

St. Jude reserves the right, in its sole discretion, to modify these Terms and any other documents incorporated by reference herein, and the Services at any time and without prior notice. Your use of the Services after such modifications are posted shall constitute your consent to the changes. If you do not agree, you may not access or use the Services.

3. SERVICES DO NOT CONSTITUTE MEDICAL ADVICE

The contents of the Services, including text, graphics, images, links to third-party resources, and other material (“Content”), are for informational purposes only. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. St. Jude does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information posted on the Services. Reliance on any information provided on the Services, whether posted by St. Jude or other users of the Services, is solely at your own risk.

4. ACCOUNT REGISTRATION

Users may access the Services without registering for an account. However, to access and participate in certain features of the Services, including to submit, upload, or otherwise make available Content, you will need to create a password-protected Together account (“Account”). You may also register for an Account using your existing account on certain third-party social networking sites such as Facebook (each such account a “Third-Party Account”). You agree to provide accurate, current, and complete information during Account registration, and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account and your access to the Services, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.

A Together Account and Together profile page will be created for your use of the Services based upon the information you provide to us or that we obtain via a Third-Party Account as described above. You may also link your Together Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to St. Jude through the Services; or (ii) allowing St. Jude to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. By granting St. Jude access to any Third-Party Accounts, you authorize St. Jude to access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“Third-Party Account Content“) depending upon the privacy settings you have set within such Third-Party Account. Third-Party Account Content may be made available in your Together Account and Services profile page. Unless otherwise specified in these Terms, all Third-Party Account Content will be considered to be User Content for all purposes of these Terms. You have the ability to disable the connection between your Together Account and your Third-Party Accounts, at any time, by accessing the Settings area of your Together Account. Your relationship with the third parties associated with your Third-Party Accounts is governed solely by your agreements with such third parties. St. Jude is not responsible for and does not review any Third-Party Account Content for any purpose, including but not limited to for legality or non-infringement. You represent that you are entitled to disclose your Third-Party Account login information to St. Jude and/or grant St. Jude access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating St. Jude to pay any fees or subjecting St. Jude to any usage limitations imposed by such third parties.

You are solely responsible for safeguarding your Together Account password and, if applicable, your Third-Party Account password. You are solely responsible for all activity that occurs on your Account. You agree to notify St. Jude immediately of any unauthorized of your Account. St. Jude is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of St. Jude or others due to such unauthorized use of your Account.

5. USER CONTENT LICENSE

St. Jude may, in our sole discretion, permit you to post, upload, publish, submit or transmit Content to the Services (“User Content”). By making available any User Content on or through the Services (“post” or “posting”), you hereby grant to St. Jude a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, transfer, transmit, access, view, and otherwise exploit such User Content for the purpose of providing, operating, and maintaining the Services, or for any other purpose permitted by our Privacy Policy. The license granted to St. Jude herein shall survive termination of the Services or your Account. Nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content you post.

You acknowledge and agree that you are solely responsible for all User Content that you post. You also represent and warrant that: (a) you are either the sole and exclusive owner of all User Content that you post or you have all rights, licenses, consents and releases that are necessary to grant to St. Jude the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content, your posting of the User Content, or St. Jude's use of your User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. St. Jude reserves the right to modify or adapt User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You also represent, warrant and agree that you will not post Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

St. Jude reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services or Users, or for any other reason.

6. RULES FOR ACCESSING THE SERVICES

By accessing the Services, you agree that you will not: (i) use the Services for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any User Content in violation of the provisions contained in the "User Content” License section above; (iii) use the Services for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Services or St. Jude’s computer systems or those of its service providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Services for any purpose without St. Jude’s prior written approval; provided, however, that public search engines may use spiders or robots to copy materials from the Services for the sole purpose of creating publicly-available searchable indices of the materials (but not caches or archives of such material, and St. Jude reserves the right to revoke these exceptions either generally or in specific cases); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.  

7. LICENSE TO USE SERVICES

Subject to your compliance with these Terms, St. Jude grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Services. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Content or Services, except as expressly permitted in these Terms. The Services and Content are provided to you AS IS. If you download or print a copy of Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by St. Jude or its licensors, except for the licenses and rights expressly granted in these Terms.

8. INTELLECTUAL PROPERTY

St. Jude Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, St. Jude and its licensors exclusively own all right, title, and interest in and to the Platform and St. Jude Content and all technology underlying the same, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of St. Jude used herein are trademarks or registered trademarks of St. Jude. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

9. LEGAL COMPLIANCE

User shall comply with all applicable laws, rules, regulations, and guidance when using the Services. This includes, but is not limited to, privacy laws of the U.S. and the country of the User, as well as any specific restrictions associated with any uploaded data or usage of any data or information resulting from User’s use of the Services.  

10. COPYRIGHT POLICY & COMPLAINTS

We expect Users to respect copyright law. In appropriate circumstances we will terminate the access to the Services of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders or remove or disable access to Content that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.

Digital Millennium Copyright Act. If you believe that your work has been used on the Services in any manner that constitutes copyright infringement, please notify St. Jude’s copyright agent by written notice.

Notice. The notice should include the following information:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
  • Identification of the location on the Services of the allegedly infringing Content, or the link or reference to another website that contains such Content;
  • Your name, address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the Content at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
  • A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the Content allegedly infringed or authorized to act on the copyright owner's behalf.

Designated Agent Contact Information. St. Jude’s copyright agent for notice of claims of copyright infringement on the Services is ZwillGen PLLC. ZwillGen can be reached at 1900 M. Street, NW Washington, D.C. 20036, dmca@zwillgen.com, phone: 202-296-3585, fax: 202- 706-5298..

Counter Notification. If you receive a notification from St. Jude that Content made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide St. Jude a “Counter Notification.” A Counter Notification must be written, provided to our Designated Agent via a method identified above, and include substantially the following information:

  • A physical or electronic signature of the User;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the User has a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled; and
  • The User’s name, address, and telephone number, and a statement that the he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if outside the United States, for any judicial district in which St. Jude may be found, and that the User will accept service of process from the person who provided notification above or an agent of such person.

A party submitting a notice of claimed infringement or a Counter Notification should consult a lawyer or see 17 U.S.C. §512 to confirm your obligations under the Copyright Act.

False Notifications. St. Jude reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.

11. NO WARRANTIES

ST. JUDE MAKES NO WARRANTY AS TO THE SERVICES OR THE CONTENT. USE OF THE SERVICES IS AT USER’S OWN RISK, AND USER AFFIRMATIVELY ACCEPTS, ON BEHALF OF USER AND ON BEHALF OF ANY INSTITUTION OR ORGANIZATION WITH WHICH USER IS AFFILIATED, THESE RISKS WITH EACH USE. THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ST. JUDE DOES NOT WARRANT THAT THE SERVICES, CONTENT, OR OPERATION THEREOF WILL BE SECURE, ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE. ST. JUDE MAKES NO WARRANTY THAT THE CONTENT CONTAINED ON THE SERVICES SATISFIES GOVERNMENTAL REGULATIONS ON PRESCRIPTION DRUG PRODUCTS, CLEARANCE FOR USE ON PATIENTS, OR ANY OTHER GOVERNMENTAL REGULATION. ST. JUDE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD PARTY CONTENT, APPLICATIONS, PROGRAMS, OR DATA ON THE SERVICES OR CONTENT.

No agent or representative of St. Jude has the authority to create any warranty regarding the Services or Content on behalf of St. Jude. St. Jude reserves the right to change or discontinue at any time any aspect or feature of the Services.

12. EXCLUSION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED, ST. JUDE DISCLAIMS ALL WARRANTIES. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL ST. JUDE OR ITS EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, OR DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE SERVICES OR CONTENT, OR ANY FAILURE OR DELAY IN, OR ANY INABILITY TO USE THE SERVICES OR CONTENT, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER SPECIFICALLY AGREES THAT NEITHER ST. JUDE NOR ANY LICENSOR, SUPPLIER, CONTRACTOR, SUBCONTRACTOR, OR INFORMATION PROVIDER TO ST. JUDE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO ANY USER OR ANY THIRD PARTIES FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE SERVICES. SHOULD THIS PROVISION BE UNENFORCEABLE, THE PARTIES AGREE THAT LIABILITY OF ST. JUDE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THEIR SUCCESSORS AND ASSIGNS, IS CAPPED AT THE AMOUNT USER HAS PAID FOR THE USE OF THE SERVICES.

13. INDEMNIFICATION

User agrees to indemnify St. Jude, any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective board members, officers, directors, and employees, against any damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees and costs) arising out of a claim by St. Jude or any third party relating to User’s use of the Services, and for any claim based on User’s alleged or actual any breach or violation of these Terms or any other term or condition contained on the Services.

14. ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and St. Jude agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with St. Jude as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach St. Jude support at GeneralCounselOffice@stjude.org. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with St. Jude, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution after at least thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to the applicable JAMS Resolution Center, which can be found at http://www.jamsadr.com/locations; and (c) send one copy of the Demand for Arbitration to St. Jude at 262 Danny Thomas Place, MS 280, Memphis, TN 38105, ATTN: Legal.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, St. Jude will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, St. Jude will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

You and St. Jude understand that, absent this mandatory arbitration provision, each party would have the right to sue in court and have a jury trial. You and St. Jude further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Tennessee, United States of America, and you and St. Jude agree to submit to the personal jurisdiction of any federal or state court in Shelby County, Tennessee in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that the arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ST. JUDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to GeneralCounselOffice@stjude.org with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, St. Jude also will not be bound by them.

Changes to This Section: We will provide thirty (30) days' notice of any changes to this section. Amendments will become effective thirty (30) days after such notice. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.

15. JURISDICTION

User agrees that these Terms constitute an agreement entered into between User and St. Jude in the State of Tennessee, United States of America, and is performed within the State of Tennessee. User agrees that these Terms are governed by and will be construed in all respects under the laws of the State of Tennessee, exclusive of its choice of law or conflicts of law provisions. In any claim or action directly or indirectly arising under these Terms or related to the Services, User irrevocably agrees to submit to the exclusive personal jurisdiction of the state or federal courts located in or serving Shelby County, Tennessee. User waives any jurisdictional, venue, or inconvenient forum objections to such court.

If any provision of these Terms is held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect.

These Terms, together with other terms required to access the Services, constitute the entire agreement between User and St. Jude relating to the access and use of the Services. User may not modify these Terms. Anything contained in the Services or Content that is inconsistent with or conflicting with the terms of this agreement is superseded by these Terms.

This form needs Javascript to display, which your browser doesn't support. Sign up here instead