Terms of Services

18percentTerms & Conditions; Privacy

 

Terms & Conditions

18percent (“18percent,” “we,” “us,” or “our”) operates the web site located at www.18percent.org (and successor or related web sites) and related mobile communication services and Slack (collectively, the “Site”) to facilitate a community. The Service is intended to be used by community members to communicate with othercommunity members.

 

18percent does not provide any healthcare services itself. The Service cannot and is not intended to replace the relationship that you have with your healthcare professional. The Service is intended only to be a value-added digital community tool for communication with other community members. In the event of an emergency, call 911 in areas where that service is available, or go to the nearest open clinic or emergency room.

 

18percent should not be considered medical advice. You should always talk to your healthcare professional for additional information you may need for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate. None of the information on this Site or that you access through the Service should be understood as a representation or warranty that any particular drug or treatment is safe, appropriate or effective.

 

  1. Applicability. If you are a healthcare provider, by accessing and using the Site, the Service, Content or any portion thereof, you agree to be bound by each of these Terms & Conditions, which are a contract between you, both in your individual capacity and as an authorized representative of your medical practice, (“you”) and 18percent. You agree to comply with all applicable laws and regulations governing the Site and Service. If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site or Service for any purpose. Additional terms and conditions applicable to specific areas of the Site or to a particular transaction may also posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site.

 

  1. Use of the Site. 18percent grants you permission to use the Site for your pleasure. Your use of the Site is further limited as follows:
  • You agree not to use the Site for unlawful purposes, and you agree to comply with all applicable laws, rules and regulations while using the Site.
  • You agree not to use the Site for any commercial purposes not related to the provision of your healthcare services, including any advertisement, commercial solicitation or promotion of any specific goods or services including your healthcare services.
  • You agree not to collect or use any information or other data available via the Site inappropriately.
  • You may not distribute, modify, copy (except as set forth in these Terms & Conditions), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Site, Service or the Content, except as specifically authorized in the Terms & Conditions, without 18percent’s written permission.
  • You agree not to use the Site to post or transmit any threatening, harmful, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  • You agree not to incorporate any code into the code of the Site or to use the Site to post or transmit any virus, worm, Trojan Horse, time bomb, spyware, bot, tracking device, screen scraping software or other computer code, file or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use or operation of the Site or any user of the Site.
  • You agree not to restrict or inhibit any other person from use of the Site. You agree not to interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks.
  • You agree not to use the Site to harvest or collect personally identifiable information about users of the Site, except as expressly permitted by these Terms & Conditions.
  • You agree not to use the Site to disrespect or violate the privacy or views of others.
  • You agree not to use the Site to impersonate another person or supply false information about yourself or another person.
  • You agree not to allow any other person or entity to use your identification to post or view comments, or to otherwise access or use the Site and you are responsible for all acts under your user identification.
  • You agree not to post material on the Site that infringes on the copyright or other intellectual property rights of others, or the privacy, publicity, or other personal rights of others.
  • You are responsible for obtaining and maintaining the equipment and services necessary to access and use the Site, Service and Content, including but not limited to any computer hardware, software, telephone landline, smartphone, mobile access, wireless provider, Internet connection, Internet service provider, SMS capability, data access and transmission capability, network access and coverage, etc. You are solely responsible for all costs related to the equipment and services necessary or desirable for the access to and use of the Site, Service and Content.
  • You are responsible for maintaining the confidentiality of your user identification and password. You must contact Slack immediately in the event that you have reason to believe there has been any unauthorized access to or use of your account.

 

  1. Changes in Terms & Conditions. 18percent reserves the right to modify these Terms & Conditions at any time. 18percent will notify you of any change to these Terms & Conditions. Your use of the Site following any such notice constitutes your agreement to follow and be bound by the Terms & Conditions as modified. The last date these Terms & Conditions were revised is set forth below. We may add to, update, delete from or modify our Site at any time in our sole discretion.

 

  1. Registered Users. If you meet the eligibility requirements as established by 18percent, you may sign up to become a registered user of the Services provided through the Site. Both an email and a password are necessary to access the Services through the Site. The password provides vital security in preventing unauthorized access to your account. The Site requires you to choose a password with certain characteristics designed to increase the password’s security. You are responsible for selecting a secure password. You should never allow anyone to access your account on your behalf or give anyone your password. You are responsible for keeping and maintaining the security of your password. 18percent will have no responsibility for unauthorized access to your account or the information in that account that results from your failure to select and keep secure your password.

 

 

  1. Indemnification. You understand and agree that you are personally responsible for your behavior on the Site and agree to the Site’s code of conduct.

 

  1. Links to Third Party Sites. As a convenience to you, 18percent may provide hypertext links to third-party web sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by 18percent of the third party, the third-party web site, or the information contained therein. You acknowledge and agree that 18percent is not responsible for the availability of any such web site, and that 18percent does not endorse or warrant, and is not responsible or liable for, any such web site, its content, its privacy policy or practices, or the acts or omissions of its operators. Your use of the third-party web site may be subject to different terms and conditions.

 

Choice of Law; Arbitration. This Agreement is made and delivered in, and shall be construed in accordance with the substantive laws of, the State of New York and the United States of America without regard to conflict of law principles, except that all matters relating to the interpretation and enforcement of the arbitration provisions of this paragraph 21 shall be governed solely by reference to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Any controversy or claim arising out of or relating to the subject matter of this Agreement, or the breach hereof, shall be settled in New York, New York by arbitration by a single arbitrator, in accordance with the streamlined arbitration rules then obtaining of JAMS; and judgment on the award may be entered in any court having jurisdiction thereof. The parties hereto expressly acknowledge and agree that the arbitrator shall not be authorized or empowered to hear, resolve or otherwise dispose of claims for punitive or exemplary damages, and therefore agree that no claim or controversy shall be made or asserted that includes a claim for punitive or exemplary damages, all such claims being hereby waived. The parties expressly intend, and you hereby irrevocably consent, that arbitration shall be the sole forum for resolution of any dispute, whether or not arising under any statute. The foregoing provisions shall be a complete defense to any suit, action or proceeding instituted before any court or agency with respect to any matter arbitrable hereunder. Each of the parties hereto hereby consents and submits to the exclusive personal jurisdiction of the state and Federal courts located in the State of New York, County of New York, in the event of any judicial proceedings as aforesaid, each hereby waiving any claim based on the doctrine of forum non conveniens. Service of process may be made in the manner herein set forth for notices, and the same shall constitute personal service for all purposes, each party hereby waiving the requirement for personal service by any other means. Trial by jury in any action, proceeding or counterclaim hereunder is hereby waived. The operation of this Site does not mean or imply that we are conducting business in any state of the United States of America outside of New York, or outside of the United States. If you access this Site from outside the United States, you assume all risks and you are solely responsible for compliance with your jurisdiction’s laws and requirements.

 

General Contact Information. If you have any questions about these Terms & Conditions, the Site, the Service, or the Content, you may contact us by:

a.         sending an email to: 18percentcommunity@gmail.com