Welcome to the Better Choices, Better Health® Online Web Site (the "Web Site") operated by Canary Health ("CANARY HEALTH"). The Web Site contains the Better Choices, Better Health online self-management program, originally developed as the
Chronic Disease Self Management Program (© 2007-2012 The Board of Trustees of the Leland Stanford Junior University), a self-management course developed at Stanford University for individuals 18 years or older living with long-term conditions.
Limits on Your Use of the Web Site
This Web Site and its content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without CANARY HEALTH's prior written consent, except that CANARY HEALTH grants you non-exclusive, nontransferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web Site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
User Content and Conduct
You agree not to use the Web Site or the Service to:
- infringe or misappropriate the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents;
- sell, publish, distribute, retransmit, transfer, display, modify, create derivative works, or in any way exploit the Content or any portion of it;
- damage, disable, overburden or impair the Web Site;
- upload, post, transmit, share or otherwise make available any material that 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;
- intimidate or harass another person;
- threaten harm to yourself or others;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- advertise, transmit, store, post, display or otherwise make available pornography or obscene speech or material;
- provide medical advice; and/or
- engage in activities, whether lawful or unlawful, that CANARY HEALTH determines in its sole discretion to be harmful to other users of the Web Site, Web Site operations, Service, or CANARY HEALTH's reputation, goodwill or customer relations or which may expose CANARY HEALTH, its licensees or its licensors or users to any harm or liability of any type.
Right to Terminate Use
Your failure to comply with the terms, conditions, and notices on this Web Site may result in immediate termination of any rights granted to you, without prior notice. You must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, CANARY HEALTH does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another web site or in any other media.
If CANARY HEALTH or its Licensees become aware of harmful or potentially harmful activities or inaccurate or misleading information or Content, in their discretion, CANARY HEALTH or its Licensees may take steps to stop such activity or remove such inaccurate or misleading information, such as removing any offending materials or postings; using screening software to block offending materials or activity; denying the offender access to the Web Site, or any other action CANARY HEALTH or its Licensees deem appropriate, in their discretion.
"Content" shall mean any and all content and information available through the Service, including without limitation any benefit program description and information, government resources, facilitator, moderator and user posts, information, comments and commentary and other information and materials in the form of images, photographs, animations, video, audio, text and applets incorporated into the Service and made available on the Web Site.
Information Provided to CANARY HEALTH
CANARY HEALTH does not monitor the Web Site on a continuous basis. CANARY HEALTH cannot assure that any submission by you to the Web Site, including but not limited to questions, comments, or suggestions shall be acknowledged by CANARY HEALTH or receive a response.
If you make any submission on the Web Site, or if you submit any business information, idea, concept or invention on the Web Site or to CANARY HEALTH by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted CANARY HEALTH a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. CANARY HEALTH may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them on the Web Site or to CANARY HEALTH by email.
ANY LINKS ON THE WEB SITE (INCLUDING THOSE POSTED BY USERS OF THE WEB SITE) THAT ALLOW YOU TO ACCESS A THIRD PARTY SITE ARE NOT UNDER THE CONTROL OF CANARY HEALTH AND ACCORDINGLY CANARY HEALTH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD-PARTY LINKED SITE, ANY LINK CONTAINED IN SUCH LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CANARY HEALTH IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY SUCH LINKED SITE. THESE LINKS ARE AVAILABLE TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK TO A THIRD-PARTY SITE DOES NOT IMPLY ENDORSEMENT BY CANARY HEALTH OF THE SITE.
Intellectual Property Rights
All title and copyrights and other intellectual property rights in and to the Chronic
Disease Self Management Program (© 2007 The Board of Trustees of the Leland
Stanford Junior University), is and shall remain vested in Stanford University (and CANARY HEALTH as licensee). All title and intellectual property rights in and to the Content which may be accessed through use of the Service is the property of the respective Content owner and may be protected by applicable copyright or other intellectual property laws and treaties. No ownership of any part of the Service or Content is transferred to you in any manner whatsoever.
Use of the Web Site, Service or Content does not grant to you any rights in connection with any trademarks or service marks of CANARY HEALTH or its licensors. Without CANARY HEALTH's prior written consent, you agree not to display or use any trademarks or service marks of CANARY HEALTH or its licensors, including Stanford University, in any manner.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, CANARY HEALTH has adopted a policy of terminating, in appropriate circumstances and at CANARY HEALTH's or its licensees’ discretion, users who are deemed to be repeat infringers. CANARY HEALTH
or its licensees may also in their discretion limit access to the Web Site and/or terminate the access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Any information that is voluntarily submitted via this Web Site will be maintained or accessed in servers located in the United States. By using the Service and accessing the Web Site, you consent to your data being sent to a server located in the United States.
Web Site is Not Medical Care
The Service contains Content related to health, self-care or medicine, which is made available for informational purposes only to assist users in their individual self-care decision-making. No Content is intended to be a substitute for professional advice, diagnosis, or treatment or individualized decision-making. CANARY HEALTH, its licensees and its licensors do not recommend or endorse any specific care facilities, physicians, tests, products, procedures, opinions, or other information that may be mentioned on the Web Site.
If you think you may have a medical emergency, call your doctor or 911 immediately.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard any professional medical advice or delay in seeking it because of something you have read on the Web Site.
Neither CANARY HEALTH nor any facilitators, mentors or other Web Site moderators assume any duty to identify or report any serious health conditions or imminent threats to your mental or physical health or well being or that of anyone else.
Users are welcome to share information and resources in public forums contained on the Web Site. However, reliance on any information provided or shared by other users of the Web Site is strictly at your own risk.
The Web Site contains Content of third parties and is not promised or guaranteed to be correct, current, or complete, and may contain inaccuracies or errors. CANARY HEALTH and its licensees and their respective representatives (including facilitators and mentors) assume no responsibility (and expressly disclaim responsibility) for updating the Web Site to keep information current or to ensure the accuracy or completeness of any posted information. CANARY HEALTH provides no assurances that any reported problems with the Web Site will be resolved by CANARY HEALTH, even if CANARY HEALTH elects to provide information with the goal of addressing a problem.
Disclaimer of Warranties
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND THE
CONTENT AVAILABLE THROUGH THE SERVICE IS ON AN "AS-IS", "AS
AVAILABLE" BASIS AND CANARY HEALTH, ITS LICENSEES, LICENSORS (INCLUDING STANFORD UNIVERSITY) AND THIRD PARTY REPRESENTATIVES
SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND CANARY HEALTH, ITS
LICENSEES AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY
CONDITIONS OF QUALITY AND ANY IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-
INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. CANARY HEALTH,
STANFORD UNIVERSITY AND THEIR RESPECTIVE LICENSORS AND THIRD
PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE USE OF AND RESULTS OBTAINED FROM THE SERVICE.
CANARY HEALTH ,ITS LICENSEES AND THEIR RESPECTIVE THIRD PARTY
REPRESENATATIVES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY
PRODUCTS OR SERVICES OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
USE OF THE WEB SITE AND THE SERVICE IS AT YOUR OWN RISK.
All Content is provided for informational purposes only. CANARY HEALTH and its licensees disclaim any and all responsibility for the Content, the accuracy of such Content and for any decisions that you may make based on such content.
IN NO EVENT SHALL CANARY HEALTH, ITS LICENSEES OR ITS LICENSORS, THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES
(INCLUDING WORKSHOP FACILITATORS AND MENTORS ACCESSING AND
UTILIZING THE SERVICE), BE LIABLE FOR ANY COSTS OR DAMAGES
ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE
INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER
LEGAL THEORY, EVEN IF CANARY HEALTH, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CANARY HEALTH's OR ANY OF ITS LICENSEES’
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE, BUT IN NO CASE WILL CANARY HEALTH's OR ANY OF ITS LICENSEES’ LIABILITY TO YOU EXCEED $1,000.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE
OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS,
OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
U.S. Government Restricted Rights
The Service and Web Site are "commercial items" as that term is defined in 48 C.F.R.
Governing Law; Venue and Jurisdiction