Terms and Conditions

Last Modified: October 22, 2021

I. Acceptance of the Terms of Use

These terms of use are entered into by and between You and “CARRIE’S TOUCH” ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of Survive & Thrive App.

Please read the Terms of Use carefully before you start to use the App. By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

This App is offered and available to users who are 18 years of age or older. By using this App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

II. Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. We will indicate the date of the "Last Modified" at the top of the Terms of Use. Your continued use of the Survive & Thrive App following the posting of such changes constitutes your acceptance of the updated Terms of Use.

III. Requirements for Your Use of the Survive & Thrive App

The Survive & Thrive App is not a guaranteed part of any CARRIE’S TOUCH or third-party product or the Survive & Thrive app offering, and no purchase or obtaining of any third-party product or the Survive & Thrive app shall be construed to represent or guarantee you access to the Survive & Thrive App.

You represent that you are using the Survive & Thrive App for its intended purpose, which is to provide information and some basic tools to caregivers and individual patients diagnosed with breast and other cancers.

The Survive & Thrive App is made available only for use in the United States. CARRIE’S TOUCH makes no representations that the Survive & Thrive App is appropriate or available for use in other locations. If you access the Survive & Thrive App from outside the United States, you are responsible for compliance with the laws of your jurisdiction.

By using the Survive & Thrive app, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at appsupport@carriestouch.org.

The Survive & Thrive app allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through the Survive & Thrive app, including its legality, reliability,

and appropriateness.

By posting Content on or through the Survive & Thrive app, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Survive & Thrive app does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Survive & Thrive app and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Survive & Thrive app. However, by posting Content using the Survive & Thrive app you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Survive & Thrive app. You agree that this license includes the right for us to make your Content available to other users of the Survive & Thrive app, who may also use your Content subject to these Terms.

Carrie’s TOUCH has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through the Survive & Thrive App are the property of Carrie’s TOUCH or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Survive & Thrive app.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Survive & Thrive app or a third-party of the Survive & Thrive app. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse usage of the Survive & Thrive app, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Additionally, you agree not to:

  • Use the Survive & Thrive app in any manner that could disable, overburden, damage, or impair the Survive & Thrive app or interfere with any other party’s use of the Survive & Thrive app, including their ability to engage in real time activities through the Survive & Thrive app.

  • Use any robot, spider, or other automatic device, process, or means to access the Survive & Thrive app for any purpose, including monitoring or copying any of the material on the Survive & Thrive app.

  • Use any manual process to monitor or copy any of the material on the Survive & Thrive app or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Survive & Thrive app.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Survive & Thrive app, the server on which the Survive & Thrive app is stored, or any server, computer, or database connected to the Survive & Thrive app.

  • Attack the Survive & Thrive app via a denial-of-the Survive & Thrive app attack or a distributed denial-of-the Survive & Thrive app attack.

  • Take any action that may damage or falsify Company rating.

  • Otherwise attempt to interfere with the proper working of the Survive & Thrive app.

IV. Your Responsibility for Treatment Decisions

Content found through the Survive & Thrive App is for informational purposes only. The Survive & Thrive App is designed for caregivers and patients diagnosed with breast and other cancers to help them learn about their diagnosis, evaluate treatment plans, build healthy relationships with their medical care team and help manage information relating to their treatment and is one of many available tools designed to assist such patients.

Patients, please note that the Survive & Thrive App is not intended to replace the relationship between you and your physician or other medical provider. You acknowledge that your use of the Survive & Thrive App is at your own risk. The Survive & Thrive App is not intended to serve as a substitute for your physician’s clinical judgment and you agree to evaluate and utilize the information from the Survive & Thrive App accordingly. You should always consult a physician if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Survive & Thrive App. We are not responsible for any treatment decisions you make prior to or after your use of Survive & Thrive App.

V. Information on the Survive & Thrive App

We try to provide helpful and accurate information on or through the Survive & Thrive App, but we make no endorsement, representation or warranty of any kind about any information or recommendations made available through the Survive & Thrive App. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Survive & Thrive App. If you rely on any information provided by or through the Survive & Thrive App, you do so solely at your own risk.

VI. Ownership of the Survive & Thrive App

The Survive & Thrive App and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by CARRIE’S TOUCH or its licensors. You acknowledge that the Survive & Thrive App and any underlying technology used in connection with the Survive & Thrive App contain CARRIE’S TOUCH's and its licensors’ intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Survive & Thrive App except as necessary to view the content therein for our personal use. All rights in the Survive & Thrive App not expressly granted to you byCARRIE’S TOUCH are retained by CARRIE’S TOUCH and its licensors.

If you violate any of these Terms of Use, your permission to use the Survive & Thrive App automatically terminates.

VII. Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may screen print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  • You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.

  • If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Strive & Thrive Trademarks, Carries TOUCH Trademarks, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

VIII. Indemnification of CARRIE’S TOUCH

Upon request by us, you agree to defend, indemnify and hold CARRIE’S TOUCH and its partners, affiliates, the Survive & Thrive app providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Survive & Thrive App; or (b) your violation of the Terms of Use. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

IV. Changes to Survive & Thrive App

CARRIE’S TOUCH may change or discontinue, temporarily or permanently, any feature or component of the Survive & Thrive App at any time without further notice. You agree that CARRIE’S TOUCH shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Survive & Thrive App.

X. Content and Warranty Disclaimer

THE SURVIVE & THRIVE APP IS PROVIDED BY CARRIE’S TOUCH AND ITS AFFILIATES "AS IS." NEITHER CARRIE’S TOUCH NOR ITS LICENSORS, PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE APP.

IN ADDITION, CARRIE’S TOUCH AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APP, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, CARRIE’S TOUCH DOES NOT WARRANT THAT USE OF THE APP WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

XI. Limitation of Liability

IN NO EVENT WILL CARRIE’S TOUCH BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APP, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT CARRIE’S TOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF CARRIE’S TOUCH, ARISING FROM OR RELATING TO THE APP (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. CARRIE’S TOUCH'S LICENSORS, AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE APP.

In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

XII. Dispute Resolution

The Terms of Use and the resolution of any disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles that would require the application of the laws of another jurisdiction. You and CARRIE’S TOUCH agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and CARRIE’S TOUCH consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Survive & Thrive App must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be thereafter barred.

XIII. General

If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. CARRIE’S TOUCH's failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by CARRIE’S TOUCH in writing. These terms and conditions constitute the entire agreement between you and CARRIE’S TOUCH with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements.

BY USING THE SURVIVE & THRIVE APP OR OTHER SURVIVE & THRIVE APPS PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF THE SURVIVE & THRIVE APP AND AGREE TO BE BOUND BY THEM.

Contact Us

We welcome your comments or questions about these Terms of Use. You may contact us at: appsupport@carriestouch.org