Terms of Use and Disclaimer

Last Updated February 24, 2021

The terms and conditions set forth in this agreement (the "Terms") are a contract between users ("you") and the COPD Foundation ("COPDF," "we" or "us") and apply to the COPD website, located at "copdfoundation.org," and to any other website or mobile application owned and operated by COPDF that features these Terms (collectively, the “Website”). The Website is an informational service offered by COPDF at no charge with the express condition that the users of the Website agree to be bound by the Terms and our Privacy Policy located at "www.copdfoundation.org/Privacy". COPDF reserves the right to change the Terms at any time, without notice to you, and you must consult the most recent version of the Terms each time you view the Website. Use of this Website constitutes your acceptance of all of the following Terms, in their current form or as modified.

This Website is intended solely for users who are thirteen (13) years of age or older and any access to the Website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms.

By viewing this Website, you represent and warrant that you are 13 or older and that you agree to and will abide by all of the Terms.

Access and Use

Subject to these Terms, COPDF grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own personal, noncommercial use and internal business purposes. The information provided on the Website is for general information and educational purposes and is subject to these Terms. COPDF may at any time revise or modify these Terms, impose new conditions for use of the Website, or restrict access to some parts of the Website. Such changes, revisions or modifications shall be effective immediately after posting notice of such changes on the Website. Any use by you of the Website after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. Certain sections of the Website are intended for particular audiences including members of the COPD community, as well as members of the health care community and the general public.

Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (d) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website without prior written approval of COPDF (we grant the operators or public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials). Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.

Modifications to the Service

COPDF reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that COPDF shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website, which may occur at any time for any reason. Even after termination or during suspension, many of your obligations under these Terms continue. Those provisions of these Terms which by their nature must survive termination or suspension will continue in force upon any termination or suspension. If we do not act to enforce a breach of these Terms, that does not mean we have waived any right to enforce these Terms.

You may not assign or delegate any of your rights or obligations under these Terms, without our prior written consent, which we may withhold, delay or condition in our sole discretion. Any purported assignment or delegation without our consent will be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you.

No Support or Maintenance

You acknowledge and agree that COPDF will have no obligation to provide you with any support or maintenance in connection with the Website.

Ownership

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by COPDF or any of COPDF’s suppliers or other vendors or agents. Neither these Terms (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in the Access and Use section of these Terms. COPDF and its suppliers, vendors and other agents reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to COPDF through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that COPDF has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to COPDF a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection.

Medical Disclaimer

You acknowledge that the information on the Website is provided “as is” for general information only. Regardless of its source, the information and materials on the Website should not be considered medical advice, should not be used for self-diagnosis, and should not be relied upon as a substitute for regular consultations with qualified health professionals who are familiar with your individual medical history and needs. COPDF does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness or efficacy of any of the procedures, programs, materials, products, or other information provided on the Website.

Disclaimer of Warranty

COPDF makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and all such warranties are expressly disclaimed. COPDF assumes no responsibility or liability for the timeliness, deletion, or failure to provide any information to you.

Indemnification

You agree that you will indemnify and hold harmless COPDF and its affiliates, officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights.

Limitation of Liability

BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE AND YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WEBSITE AND THE CONTENT ARE PROVIDED "AS IS". COPDF AND ITS AGENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, COPDF AND ITS AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, WEBSITE, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. IN NO EVENT SHALL COPDF OR ITS AGENTS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COPDF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third-Party Websites, Applications & Ads

COPDF may provide links on the Website to other websites, applications and/or display advertisements for third parties (collectively, "Third-Party Websites, Applications & Ads") which are not under the control of COPDF. These Third-Party Websites, Applications & Ads are provided for convenience of reference only and are not intended as an endorsement by COPDF of the organizations or individuals operating the Third-Party Websites, Applications & Ads or a warranty of any type regarding the Third-Party Websites, Applications & Ads or the information on the Third-Party Websites, Applications & Ads. You use all Third-Party Websites, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. You acknowledge and agree that COPDF has no control over such Third-Party Websites, Applications & Ads and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such Third-Party Websites, Applications & Ads. When you click on any of the Third-Party Websites, Applications & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Websites, Applications & Ads.

Usage of Content

Unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, and audio clips is copyrighted by and proprietary to COPDF or its licensors and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without COPDF’s or the licensor’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website. The user may also make a single copy of the content displayed on any page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of COPDF, provided that the user does not remove any trademark, copyright or any other notice contained in such content. Except as expressly authorized by the COPDF, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, in whole or in part. You agree not to modify the Website in any manner or form, or to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by COPDF for use in accessing the Website.

Governing Law

This Website (excluding linked sites) is controlled by COPDF which is headquartered in the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Website you agree that the statutes and laws of the State of Florida, without regard to conflict of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in and for Miami-Dade County, Florida with respect to such matters. COPDF makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where such materials are illegal is prohibited. You acknowledge that you are responsible for understanding and complying with your territory’s laws regarding your use of and access to the Website. Those who choose to access this Website from outside of the United States do so at their own risk.

Copyright/Trademark Information

Copyright © 2021, COPD Foundation, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Hyperlinks from Third Party Websites

COPDF encourages and permits text links to content on the Website provided: a) any text-only link must clearly be marked "COPD Foundation"; b) the appearance, position and other aspects of either the link or the website providing the link ("Host Website") may not be such as to damage or dilute the goodwill associated with COPDF’s name and trademarks; c) the appearance, position and other aspects of either the link or the Host Website may not create the false appearance that an entity other than COPDF is associated with or sponsored by COPDF; d) the link, when activated by a user, must display this Website full-screen and not with a frame; and e) COPDF reserves the right to revoke its consent to the link at any time in its sole discretion by amending these Terms and/or providing notice to the Host Website to remove the link.

COPDF is not responsible for the information or materials contained on any Host Website. Links to this Website are provided for convenience of reference only and are not intended as an endorsement by COPDF of the organization or individual operating the Host Website or a warranty of any type regarding the Host Website or the information on the Host Website.

COPD360social Community

We use COPD360social as part of our commitment to support and educate patients, caregivers, health care professionals, advocacy organizations, and other stakeholders. We look forward to engaging with you and appreciate your feedback. If you would like to get involved in the COPD360social community please visit the COPD360social webpage to learn more. Participation is subject to the COPD360social Community Guidelines.