TERMS OF WEBSITE USE

The following terms (together with the documents referred within) tell you the terms (the Terms) on which you may make use of the website www.wcgcares.org (the Site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site.

INFORMATION ABOUT US

The Site is operated by WCG Cares, a nonprofit 501(c)(3) organization, organized under the laws of the state of California with its registered office at 701 Palomar Airport Road, Suite 300, Carlsbad, CA 92011.

The Site is controlled and operated from offices in the US and is provided for the general public.

The Company makes no representation that material in the Site is appropriate or available for use outside of the USA. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

ACCESSING THE SITE

Access to the Site is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the service the Company provides on the Site without notice (see below). The Company will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, the Company may restrict access to some parts of the Site, or the entire Site, to users who have registered with the Company.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of the Company’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The Company has the right to disable any user identification code or password, whether chosen by you or allocated by the Company, at any time, if in the Company’s opinion you have failed to comply with any of the provisions of the Terms.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of the Terms, and that they comply with them.

SUBSCRIPTION/ADMINISTRATIVE CHARGES

The Company reserves the right to charge subscription and/or administrative charges to its registered users in order to access certain features and services on terms more particularly described on the Site from time to time.
PERMITTED USE
You may use the Site only for lawful purposes.

PROHIBITED USE

You may not use the Site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, described below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of the Terms.
• Not to access without authority, interfere with, damage or disrupt:
• any part of the Site;
• any equipment or network on which the Site is stored;
• any software used in the provision of the Site; or
• any equipment or network or software owned or used by any third party.

UPLOADING MATERIAL TO THE SITE

Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you shall indemnify the Company for any breach of that warranty.
Any material you upload to the Site will be considered non-confidential and non-proprietary, and the Company has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The Company also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
The Company will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

INTERACTIVE SERVICES

The Company may from time to time provide interactive services on the Site, including, without limitation:

• Chat rooms;
• Bulletin boards;
• Discussion forums.

Where the Company does provide interactive services, we will undertake appropriate moderation and reserve the right to remove any information which is posted on the Site which we believe to be incorrect or otherwise inappropriate. The decision to remove any content shall be at the sole discretion of the Company. However, the Company is under no obligation to oversee, monitor or moderate any interactive service provided on the Site, and the Company expressly excludes any liability for any loss or damage arising from the use of any interactive service by a user, whether the service is moderated or not.
The use of any of the Company’s interactive services by a minor is subject to the consent of their parent or guardian. The Company advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to the Site (Contributions), and to any interactive services associated with it.
The standards apply to each part of any Contribution as well as to its whole. The Company shall be the sole arbiter of whether a Contribution meets the standards and may remove and Contribution from the Site if it believes the standards are not met.
Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right, trade mark or any other intellectual property right of any other person.
• Be likely to deceive any reasonable person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

INTELLECTUAL PROPERTY RIGHTS

The Company is the owner or the licensee of all intellectual property rights in respect of the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
The Company’s status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from the Company or the Company’s licensors.
If you print off, copy or download any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made.
TRADE MARKS
“WCG Cares” is a trade mark of the Company.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the Site are for general information only and are not intended to amount to advice on which reliance should be placed.
The Company cannot guarantee that information provided through the Site will meet your individual requirements (including but not limited to any health or medical requirements), which may be different for each person accessing the Site. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents. Prior to using or relying on any information from the Site, you may wish to seek professional advice. If you are concerned about your health in any way, the Company recommends that you seek the opinion of an appropriately qualified medical professional.

THE SITE CHANGES REGULARLY

The Company aims to update the Site regularly, and may change the content at any time. If the need arises, the Company may suspend access to the Site, or close it indefinitely. Medical knowledge and practice is subject to regular changes, and whilst the Company makes efforts to keep the content of the site updated, any of the material on the Site may be out of date at any given time, and the Company is under no obligation to update such material.

THE COMPANY’S LIABILITY

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Company, other members of the Company’s group of companies and third parties connected to the Company hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect the Company’s liability for death or personal injury arising from the Company’s negligence, nor the Company’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

The Company processes information about you in accordance with the Company’s privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and the Company will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

TERMINATION

Failure to comply with the Terms constitutes a material breach of the Terms and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use the Site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

LINKING TO THE SITE

You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Company’s part where none exists.
You must not establish a link to the Site from any website that is not owned by you.
The Site must not be framed on any other site. The Company reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards above.
If you wish to make any use of material on the Site other than that set out above, please address your request to
WCG Cares
701 Palomar Airport Road, Suite 300
Carlsbad, CA 92011

LINKS FROM THE SITE

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

You agree to submit to the non-exclusive jurisdiction of USA courts in relation to any claim arising from, or related to, a visit to the Site although the Company retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use shall be governed and interpreted in accordance with the laws California.

VARIATIONS

The Company may revise the Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the Company made, as they are binding on you. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on the Site.

YOUR CONCERNS

If you have any concerns about material which appears on the Site, please contact
WCG Cares
701 Palomar Airport Road, Suite 300
Carlsbad, CA 92011

Thank you for visiting the Site.
These Terms of Use were last revised: April 2020