Terms & Conditions | Cushing's Alliance

Effective: December 18, 2023

Welcome to Canine Cushing’s Alliance. These terms and conditions (the “Terms of Use” or "Terms and Rules") govern your (“you” or “your”) access to and use of the Canine Cushing’s Alliance website (“I,” “me,” “my,” or “CCA”). These Terms of Use also apply to any downloadable applications that CCA makes available (the "Apps" and, together with the Sites, the "Platforms"), and all services provided by CCA (collectively, the “Services”). THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING OR USING THE PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND MY PRIVACY POLICY, AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT.

If you do not agree to these Terms of Use and the Privacy Policy, you may not access or otherwise use the Platforms. I reserve the right to change these Terms of Use from time to time for any reason, which shall be affected by posting of the updated Terms of Use to my Platforms; provided that such changes shall not apply to any fee-bearing subscriptions to the Use which are then in effect until the expiration or termination of such subscription. These Terms of Use apply to all of CCA’s services and features unless otherwise indicated.

ACCEPTANCE OF TERMS

By using the Platforms or subscribing to my Services, you indicate your unconditional acceptance of the following Terms of Use. Please read them carefully, as they may have changed since your last visit.

SCOPE OF SERVICE

I maintain the Platforms as a service to the users who visit the Platforms subject to these Terms of Use. You are responsible for obtaining any equipment and Internet service necessary to access the Platforms and for paying any fees for the equipment and service you select. I may alter, suspend, or discontinue the Platforms, or the Services in whole or in part, at any time and for any reason, without notice. I may restrict access to portions of my Platforms and/or Services, for some or all users, from time to time. The Platforms may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

WEBSITE CONTENT

Users have a personal, non-transferable, non-exclusive right to access and use the Content of these Platforms subject to these Terms of Use. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Platforms, or Services, whether created by us or provided by another person for display on the Platforms, or through the Services.

The Content may contain typographical errors, other inadvertent errors, or inaccuracies. I reserve the right to make changes to document names and content, or other information without obligation to issue any notice of such changes.

REGISTRATION

You must be a registered user to access certain features on CCA, such as the ability to post in the forum. To become a registered user (each, a “Client”), I will ask you to complete a registration form and provide a username or email and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Use. Certain Services may also require additional information, such as credit card information. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. I am not responsible for losses or damage caused by your failure to safeguard your Login Credentials.

For your convenience as a CCA user, all information that you provide to CCA is subject to the CCA’s Privacy Policy. You are responsible for keeping your registration information up to date through your account page, to the extent such a feature is made available on the Platforms for the applicable Service.

CONTENT SUBMITTED BY USERS

Submitted Content: CCA Platforms and Services enable users to upload additional information which can be made accessible to other users and/ or the general public. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the Platforms. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Platforms.

Ownership of Content: CCA does not claim ownership of any User Content. By submitting such User Content, however, you hereby grant CCA the right to copy, store and make that User Content available to other users in connection with your use of my Platforms and my Services, and to otherwise use such User Content online (including web, mobile and email) and in print, film, and broadcast media. When you make available the User Content to users of my Platforms or Services, you provide all such recipients a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use such User Content. This license shall remain in effect until I delete the User Content from CCA systems.

User Representations: You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Platforms or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the submission and use of your User Content on or through the Platforms does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) the User Content you provide will not contain libelous or otherwise unlawful, abusive or obscene materials; (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Platforms; (v) CCA will be entitled to use any User Content, as permitted herein, without incurring obligations of confidentiality, attribution or compensation to you; and (vi) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

Required Disclosures: You acknowledge and agree that CCA may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms of Use; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms of Use; and/or (d) protect the rights, property, or personal safety of CCA, its representatives and/or agents, its users or the public.

Liability: I am not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through the Platforms, such as through an online discussion forum or comments to postings. I do not prescreen information posted to online discussion forums or postings. With respect to such forums and postings, I am acting as a passive conduit for such distribution and am not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or postings are those of the respective author(s) or distributor(s) and not of CCA. I neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to the Platforms is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to the Platforms.

Under no circumstances will I be liable for any loss or damage caused by your reliance on information in any Content on this Website. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” AND MAY BE BASED IN PART ON CONTENT PROVIDED BY USERS AND THIRD PARTIES. THE USE OF THE SERVICES OR PLATFORMS IS AT YOUR SOLE RISK AND DISCRETION. CCA AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE PLATFORMS, SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE LAWS OF THE STATE OF MARYLAND, I PROVIDE NO WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, CCA DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THESE PLATFORMS IS TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE PLATFORMS WILL MEET YOUR EXPECTATIONS; (iv) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (v) DEFECTS WILL BE CORRECTED, OR (vi) THESE PLATFORMS OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Monitoring: I have the right, but not the obligation, to monitor Content submitted to my Platforms through an online discussion forum or posting, to determine compliance with these Terms of Use and any other applicable rules that I may establish. I have the right in my sole discretion to edit or remove any material submitted to or posted in any online discussion forum or posting provided through these Platforms. Without limiting the foregoing, I have the right to remove any material that I, in my sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable, and you are solely responsible for the Content that you post to the Platforms.

SECURITY

When you register to participate in CCA services on the Platforms, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. I am not responsible for losses or damage caused by your failure to safeguard your login and password.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CCA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, SUBSTITUTE GOODS OR SERVICES, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE PLATFORMS, (C) YOUR PROVISION OF INFORMATION VIA THE PLATFORMS; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PLATFORMS; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PLATFORMS, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CLAIMS & INDEMNITY

Any claim, cause of action, demand, or dispute arising from or related to CCA ("Claims") will be governed by the internal laws of Maryland, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Montgomery County, MD (except I may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Montgomery County, MD; (2) indemnify and hold CCA entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of CCA; and (3) be liable and responsible for any Claims I may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

I may terminate your membership, without notice, for conduct I believe violates these Terms of Use or my policies, is harmful to my business interests, or for an inactive account.

PROHIBITED CONTENT

By accessing the Platforms or any chat room, online discussion forum, or other service provided through my Platforms, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use my Platforms or any related chat room or online discussion forum to:

Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by me.

Use a name or language that I, in my sole discretion, deem offensive.

Post defamatory statements.

Post hateful or racially or ethnically objectionable Content.

Post Content which infringes another's copyright, trademark, or trade secret.

Post unsolicited advertising or unlawfully promote products or services.

Harass, threaten, or intentionally embarrass or cause distress to another person or entity.

Impersonate another person.

Promote, solicit, or participate in any multi-level marketing or pyramid schemes.

Exploit children under 18 years of age.

Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.

Introduce viruses, worms, Trojan horses and/or harmful code to the Website.

Obtain unauthorized access to any computer system through the Website.

Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).

Solicit personal information from children under 13 years of age.

Violate any federal, state, local, or international law or regulation.

Encourage conduct that would constitute a criminal or civil offense.

Sell any animals or offer any animals for sale.

MINORS

CCA services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers, and purchasers.

INDEMNIFICATION

By using the Platforms, CCA services, or Products, you agree to indemnify, hold harmless and defend CCA and its affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of the Platforms, Services, or Products by you or any other person accessing the Platforms using your member login account.

LINKS TO THIRD-PARTY WEBSITES

This website may contain links to third party websites that are provided to you as a convenience. Any outside Website accessed from our website is independent from CCA, and I have no control over the content of such Websites. I am not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such third- party websites.

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by CCA of that third party or of any product or service provided by a third party. Likewise, a link to any third-party website does not imply that I endorse or accept any responsibility for the content or use of such a website. CCA does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through these Platforms and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

DISCLAIMER OF PROFESSIONAL ADVICE

All content on the CCA website, in the CCA forum, and in any communications or materials from CCA (collectively, “CCA content”) is provided for informational purposes only and is not a substitute for the professional judgement, advice, diagnosis, or treatment of a veterinary or other medical professional. Nothing in CCA content is in any way intended to provide medical or veterinary advice or any medical, veterinary, healthcare, or wellness service. We highly recommend that you always seek the advice of your veterinarian or other qualified provider with any questions that you may have regarding your pet’s medical condition, and that you do not disregard their advice (or delay seeking their advice) because of something that you have read or otherwise been provided through the CCA website, CCA forum, or CCA communications or materials.

If you think your pet is sick, injured, or otherwise in need of medical attention, you agree to contact your veterinarian, animal control, or local emergency services for help immediately. You also acknowledge and agree that communications on or through the CCA website or CCA forum or any communications with CCA, including without limitation, User Content, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., veterinarian-pet). You further acknowledge that we, Canine Cushing’s Alliance, cannot provide advice or consultation regarding any specific medical condition (whether of an emergency nature, or otherwise) and that we are not responsible for any loss or damage caused by your reliance on any information located or linked on the CCA website or CCA forum or in any CCA communications or materials.

PAYMENT

I reserve the right to require payment for access to any of the features or content on CCA. When a user tries to access any area on CCA that requires paid access, a message will be displayed asking the user to pay. In the event that CCA requires payment, we will use a third-party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant CCA the right to store and process your information with the third-party payment service, which it may change from time to time; you agree that CCA will not be responsible for any failures of the third party to adequately protect such information.

TERMINATION

I may terminate any user's access to my Platforms or Services, in my sole discretion, for any reason and at any time, with or without prior notice. It is my policy to terminate users who violate these Terms of Use, as deemed appropriate in my sole discretion. You agree that I am not liable to you or any third party for any termination of your access to our Platforms or Services. You may terminate your account at any time through the account page on the Platform applicable to that Service, or as otherwise provided on the Platform as updated from time to time. CCA will have no obligation to provide a refund of any amounts previously paid to CCA. Upon termination of your account under these Terms of Use, all license rights granted by you to CCA shall survive termination. Even after your right to use the Services is terminated or suspended, these Terms of Use will remain enforceable against you.

FOR ADDITIONAL INFORMATION

If you have any questions about these Terms of Use, please contact care@cushingsalliance.com.