Together is a new resource for anyone affected by pediatric cancer - patients and their parents, family members, and friends.Learn More
Effective June 2018
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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, email@example.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 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.
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.
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.
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.
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.
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.
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.