Updated March 4, 2019
Please read these Terms carefully. You may be required to create an account to use certain features of the Service. By using the Service, you acknowledge that you have read and accept these Terms. If you do not agree to be bound by these Terms, do not create an account and do not access or use the Service.
TCC has the right, at its sole discretion, to enhance, change or discontinue all or part of the Service at any time. We may update or change these Terms from time to time, as needed. When we make a change to the Terms, we will inform you by changing the date at the top of this page noting when the new Terms were last updated.
Account Registration and Password
In general, you may access and use the Service for free in keeping with these Terms. However, to access and use certain features of the Service, you must register and create an account and password. The Service may also allow you to create a Care Contact, who is a person authorized to access your account and data uploaded by you on your behalf. You and any other user of this Service are responsible for maintaining security and control over your user name and password that you create to use these features of the Service. We are not responsible for any losses arising out of the unauthorized use of your account or the Service. If you or any other user of this Service believe that the security of your user name and/or password has been compromised, you each agree to immediately change your user name and/or password to eliminate this security risk and to notify TCC of any known or suspected unauthorized use of, or disclosure related to, your account. You may contact TCC at firstname.lastname@example.org.
The Service is intended for adults for end-of-life planning purposes. The Service is not intended for or offered to those under 18 years old. Do not create an account if you are under 18 years old; if you are not at least 18 years old and you create an account, you do so in violation of these Terms.
No Children Under 13
Users Outside the United States
Consent to Receive Communications
If you register to receive newsletters, educational marketing emails or any other communications from us, you consent to receive such communications. You may opt out of these communications at any time using the “unsubscribe” prompts contained at the bottom of the communications.
Functionality and Prohibited Uses of the Service
We may limit the amount of storage space, activity, bandwidth or any other resources available through the Service in our discretion. Periodically, the Service may become unavailable due to required maintenance or other reasons. TCC assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction or unauthorized access to, or alteration of, any content or data that you submit on, to or through the Service.
You will not manipulate the Service by any means, including but not limited to the use of bots, botnets, automated scripts or other automated or electronic means. You will not plant viruses or disturb our system through any Trojan horse, spyware, adware, malware, bot, time bomb, worm or other harmful or malicious component, which might overburden, impair or disrupt the Service or any user’s use, access or experience.
You will not interfere with, tamper with or damage the Service in any way whatsoever, including but not limited to by trespass, burdening network capacity, repeatedly posting the same or similar content or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
You will not circumvent, disable or otherwise interfere with security-related features of the Service or any features that prevent or restrict use or copying of any content or enforce limitations on use of the Service.
You will not use the Service for any purpose other than your private, non-commercial use.
You will not use the Service in any way that is inconsistent with these Terms and applicable law and regulations.
Content of the Service
Proprietary Content of TCC
All content used on and in the Service and the functionality of the Service, including without limitation the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks, copyrights and logos contained therein (collectively, “TCC Content”), are owned by or licensed to TCC and are proprietary and protected by applicable intellectual property law. No express or implied rights are conferred on you to use TCC Content. Except as explicitly permitted by these Terms or the functionality of the Service, TCC Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any TCC Content without notice.
We Do Not Control Third-Party Content
We Are Not Lawyers; We Do Not Provide Legal Advice
The Service may prompt you upload advance health care directives or other advance care planning documents, and the Service may perform a technical verification process through third-party service providers.
YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. PLEASE BE ADVISED THAT THE SERVICE IS NOT PROVIDED BY LAWYERS, AND WE DO NOT OFFER LEGAL ADVICE. YOU SHOULD CONSULT LEGAL COUNSEL FOR LEGAL ADVICE ON YOUR ADVANCE HEALTH CARE DIRECTIVE OR OTHER ADVANCE CARE PLANNING DOCUMENT, INCLUDING ITS COMPLETENESS, VALIDITY AND ENFORCEABILITY UNDER APPLICABLE LAW, PRIOR TO SUBMITTING IT TO US. THE SERVICE DOES NOT VERIFY THE LEGAL VALIDITY OF ANY MATERIALS YOU UPLOAD. PLEASE CONSULT A QUALIFIED, LICENSED ATTORNEY FOR LEGAL ADVICE CONCERNING YOUR PARTICULAR CIRCUMSTANCES.
We Are Not a Health Care Provider, Health Plan, or Health Care Clearinghouse; We Do Not Provide Health Advice
PLEASE BE ADVISED THIS SERVICE IS NOT PROVIDED BY A HEALTH CARE PROVIDER, HEALTH PLAN, HEALTH CARE CLEARINGHOUSE, DOCTOR OR OTHER HEALTHCARE OR MEDICAL PROFESSIONAL OR SERVICE. WE DO NOT OFFER HEALTH ADVICE OR SERVICES. YOU SHOULD CONSULT A DOCTOR OR OTHER MEDICAL PROFESSIONAL FOR HEALTH ADVICE.
Content You Submit
Subject to these Terms, you may submit data, including your advance health care directive or other advance care planning document, through the Service as may be permitted from time to time by the Service. By submitting your data, you acknowledge that TCC will store it on TCC’s or cloud providers’ servers for use on or by the Service. TCC does not review, approve or otherwise assist in the creation of your data. We assume no responsibility or liability for the deletion, corruption or loss of data you submit or failure to receive or store the data for any reason, including, without limitation, malfunctioning of any network, hardware or software.
Your Grant of Rights to Us
If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable or prohibit your access to the Service. If your access has been terminated, we may, but we are not obligated to, irretrievably delete any and all content we have stored pertaining to activity from your account.
You may terminate this agreement at any time by simply discontinuing access to and use of the Service.
Disclaimers of Warranties and Limitations of Liability
The Website, THE SERVICE, and all of the services offered THEREIN are provided “as is” without express or implied warranty of any kind (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement). In no event will tcc, iTS AFFILIATES or SUBSIDIARIES or any of their service providers, or any of their OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS or EMPLOYEES, be liable for damages of any kind, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, THE SERVICE, ANY WEBSITES LINKED TO this website or the service, ANY CONTENT ON THIS OR OTHER WEBSITES or THE SERVICE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS OR OTHER WEBSITES OR THE SERVICE, including without limitation any special, indirect, incidental, consequential OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING LIMITATION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Choice of Law, Venue and Jurisdiction
These Terms are governed by the laws of the State of North Carolina. You expressly agree that exclusive jurisdiction for any claim or dispute with TCC concerning these Terms or relating in any way to your use of the Service resides in the federal and state courts located in North Carolina.
Class Action Waiver
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND TCC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
You agree to indemnify, defend and hold harmless TCC and its directors, officers, shareholders, members, employees, representatives, successors, agents, partners, clients, service providers and contractors from and against any loss, liability, claim, demand, damage, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your violation of these Terms or your violation of any rights of another user of the Service. TCC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
No Obligation to Participate in Disputes Between Users
If there is a dispute between users of the Service, or between a user and any third party (including but not limited to a hospital or health care system), you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release TCC and its officers, employees, shareholders, agents, representatives and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
Failure by TCC to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TCC without restriction. If any provision of these Terms, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms nevertheless remain in full force and effect.