To start, what should we call you?

IMPORTANT- PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS.

Welcome to the Building Better Caregivers® Web Site (the "Web Site") operated by Canary Health ("CANARY HEALTH"). The Web Site contains the Building Better Caregivers online self-management program, originally developed as the

Building Better Caregivers (© 2007-2012 The Board of Trustees of the Leland Stanford Junior University), a caregiver course developed at Stanford University for individuals 18 years or older caring for someone living with long-term health condition or brain injury.

General

These Terms of Use form a legal agreement between you and CANARY HEALTH. By accessing, browsing, or using this Web Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Web Site. CANARY HEALTH may provide upgrades and updates to the Web Site and the Service (as defined below) from time to time. Any modifications will be made in the sole discretion of CANARY HEALTH without notice to you.

Limits on Your Use of the Web Site

This Web Site and its content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without CANARY HEALTH's prior written consent, except that CANARY HEALTH grants you non-exclusive, nontransferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web Site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

User Content and Conduct

You are solely responsible for the information that you upload, publish or display on or through the Service or Web Site. Except as expressly provided in the Privacy Policy, in consideration of your use of the Web Site, you agree to (i) provide accurate, current and complete information about you as may be prompted by any forms or questionnaires on the Web Site; (ii) maintain the security of your password and identification; and (iii) be fully responsible for all use of the Service and for any actions that take place using your account.

You agree not to use the Web Site or the Service to:

infringe or misappropriate the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents;

sell, publish, distribute, retransmit, transfer, display, modify, create derivative works, or in any way exploit the Content or any portion of it;

damage, disable, overburden or impair the Web Site;

upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

intimidate or harass another person;

threaten harm to yourself or others;

upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

advertise, transmit, store, post, display or otherwise make available pornography or obscene speech or material;

provide medical advice; and/or

engage in activities, whether lawful or unlawful, that CANARY HEALTH determines in its sole discretion to be harmful to other users of the Web Site, Web Site operations, Service, or CANARY HEALTH's reputation, goodwill or customer relations or which may expose CANARY HEALTH, its licensees or its licensors or users to any harm or liability of any type.

Right to Terminate Use

Your failure to comply with the terms, conditions, and notices on this Web Site may result in immediate termination of any rights granted to you, without prior notice. You must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, CANARY HEALTH does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another web site or in any other media.

If CANARY HEALTH or its Licensees become aware of harmful or potentially harmful activities or inaccurate or misleading information or Content, in their discretion, CANARY HEALTH or its Licensees may take steps to stop such activity or remove such inaccurate or misleading information, such as removing any offending materials or postings; using screening software to block offending materials or activity; denying the offender access to the Web Site, or any other action CANARY HEALTH or its Licensees deem appropriate, in their discretion.

Definitions

As used in this Terms of Use, "Service" shall mean any and all versions of the Chronic Disease Self Management Program software offered by CANARY HEALTH and made available on the Web Site.

"Content" shall mean any and all content and information available through the Service, including without limitation any benefit program description and information, government resources, facilitator, moderator and user posts, information, comments and commentary and other information and materials in the form of images, photographs, animations, video, audio, text and applets incorporated into the Service and made available on the Web Site.

Information Provided to CANARY HEALTH

CANARY HEALTH does not monitor the Web Site on a continuous basis. CANARY HEALTH cannot assure that any submission by you to the Web Site, including but not limited to questions, comments, or suggestions shall be acknowledged by CANARY HEALTH or receive a response.

If you make any submission on the Web Site, or if you submit any business information, idea, concept or invention on the Web Site or to CANARY HEALTH by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted CANARY HEALTH a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. CANARY HEALTH may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them on the Web Site or to CANARY HEALTH by email.

Any personally-identifiable health information that you submit to CANARY HEALTH on the Web Site will be handled in accordance with our Privacy Policy and applicable law.

Links

ANY LINKS ON THE WEB SITE (INCLUDING THOSE POSTED BY USERS OF THE WEB SITE) THAT ALLOW YOU TO ACCESS A THIRD PARTY SITE ARE NOT UNDER THE CONTROL OF CANARY HEALTH AND ACCORDINGLY CANARY HEALTH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD-PARTY LINKED SITE, ANY LINK CONTAINED IN SUCH LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CANARY HEALTH IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY SUCH LINKED SITE. THESE LINKS ARE AVAILABLE TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK TO A THIRD-PARTY SITE DOES NOT IMPLY ENDORSEMENT BY CANARY HEALTH OF THE SITE.

Intellectual Property Rights

Stanford Junior University), is and shall remain vested in Stanford University (and CANARY HEALTH as licensee). All title and intellectual property rights in and to the Content which may be accessed through use of the Service is the property of the respective Content owner and may be protected by applicable copyright or other intellectual property laws and treaties. No ownership of any part of the Service or Content is transferred to you in any manner whatsoever.

Use of the Web Site, Service or Content does not grant to you any rights in connection with any trademarks or service marks of CANARY HEALTH or its licensors. Without CANARY HEALTH's prior written consent, you agree not to display or use any trademarks or service marks of CANARY HEALTH or its licensors, including Stanford University, in any manner.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, CANARY HEALTH has adopted a policy of terminating, in appropriate circumstances and at CANARY HEALTH's or its licensees’ discretion, users who are deemed to be repeat infringers. CANARY HEALTH

or its licensees may also in their discretion limit access to the Web Site and/or terminate the access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Privacy

Any information that is voluntarily submitted via this Web Site will be maintained or accessed in servers located in the United States. By using the Service and accessing the Web Site, you consent to your data being sent to a server located in the United States.

These Terms of Use co-exist with our Privacy Policy and together both policies govern the general practices and usage of this Web Site and Service. Use of this Web Site and Service at any time shall be deemed conclusive evidence of your agreement that your license to access and use the Web Site and Service is governed by these Terms of Use and CANARY HEALTH's Privacy Policy. CANARY HEALTH encourages you to familiarize yourself with both documents. CANARY HEALTH's Web Site Privacy Policy may be found on the link below.

http://selfmanage.org/Canary Health/pdf/BBC-SCCprivacy.pdf

Web Site is Not Medical Care

The Service contains Content related to health, self-care or medicine, which is made available for informational purposes only to assist users in their individual self-care decision-making. No Content is intended to be a substitute for professional advice, diagnosis, or treatment or individualized decision-making. CANARY HEALTH, its licensees and its licensors do not recommend or endorse any specific care facilities, physicians, tests, products, procedures, opinions, or other information that may be mentioned on the Web Site.

If you think you may have a medical emergency, call your doctor or 911 immediately.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard any professional medical advice or delay in seeking it because of something you have read on the Web Site.

Neither CANARY HEALTH nor any facilitators, mentors or other Web Site moderators assume any duty to identify or report any serious health conditions or imminent threats to your mental or physical health or well being or that of anyone else.

Users are welcome to share information and resources in public forums contained on the Web Site. However, reliance on any information provided or shared by other users of the Web Site is strictly at your own risk.

Changes to these Terms of Use or Web Site

CANARY HEALTH may change or modify these Terms of Use from time-to-time without notice other than posting the amended Terms on the Web Site. The amended Terms will automatically be effective when posted on our Web Site. Your continued use of our Web Site after any changes in these Terms of Use shall constitute your consent to such changes. CANARY HEALTH reserves the right to change, modify or discontinue, temporarily or permanently, the Web Site (or any portion thereof), including any and all content contained on the Web Site, at any time without notice. You agree that CANARY HEALTH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site (or any portion thereof).

Certain Disclaimers

The Web Site contains Content of third parties and is not promised or guaranteed to be correct, current, or complete, and may contain inaccuracies or errors. CANARY HEALTH and its licensees and their respective representatives (including facilitators and mentors) assume no responsibility (and expressly disclaim responsibility) for updating the Web Site to keep information current or to ensure the accuracy or completeness of any posted information. CANARY HEALTH provides no assurances that any reported problems with the Web Site will be resolved by CANARY HEALTH, even if CANARY HEALTH elects to provide information with the goal of addressing a problem.

Disclaimer of Warranties

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND THE

CONTENT AVAILABLE THROUGH THE SERVICE IS ON AN "AS-IS", "AS

AVAILABLE" BASIS AND CANARY HEALTH, ITS LICENSEES, LICENSORS (INCLUDING STANFORD UNIVERSITY) AND THIRD PARTY REPRESENTATIVES

SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES,

EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND CANARY HEALTH, ITS

LICENSEES AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY

CONDITIONS OF QUALITY AND ANY IMPLIED WARRANTIES, INCLUDING

WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-

INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. CANARY HEALTH,

STANFORD UNIVERSITY AND THEIR RESPECTIVE LICENSORS AND THIRD

PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICE WILL

BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER

HARMFUL COMPONENTS. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE USE OF AND RESULTS OBTAINED FROM THE SERVICE.

CANARY HEALTH ,ITS LICENSEES AND THEIR RESPECTIVE THIRD PARTY

REPRESENATATIVES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY

PRODUCTS OR SERVICES OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

USE OF THE WEB SITE AND THE SERVICE IS AT YOUR OWN RISK.

All Content is provided for informational purposes only. CANARY HEALTH and its licensees disclaim any and all responsibility for the Content, the accuracy of such Content and for any decisions that you may make based on such content.

IN NO EVENT SHALL CANARY HEALTH, ITS LICENSEES OR ITS LICENSORS, THEIR

RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES

(INCLUDING WORKSHOP FACILITATORS AND MENTORS ACCESSING AND

UTILIZING THE SERVICE), BE LIABLE FOR ANY COSTS OR DAMAGES

ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE

INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,

MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST

PROFITS, ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON

CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER

LEGAL THEORY, EVEN IF CANARY HEALTH, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CANARY HEALTH's OR ANY OF ITS LICENSEES’

LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF

THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE, BUT IN NO CASE WILL CANARY HEALTH's OR ANY OF ITS LICENSEES’ LIABILITY TO YOU EXCEED $1,000.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE

OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS,

OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND

THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

U.S. Government Restricted Rights

The Service and Web Site are "commercial items" as that term is defined in 48 C.F.R.

2.101 (October 1995) consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 227.7202-1, 227.7202-3 and 227.7202-4 (June 1995), as updated and amended from time to time. If you are a U.S. Government user, you may access the Service and Web Site only as a commercial item subject to these Terms of Use.

Governing Law; Venue and Jurisdiction

By visiting or using the Web Site and/or the Service, you agree that the laws of the State of Delaware, without regard to its conflict of laws provisions, will govern these Terms of Use and any dispute of any sort that might arise between you and CANARY HEALTH. You agree that exclusive jurisdiction for any dispute with CANARY HEALTH, or in any way relating to your use of the Web Site, resides in the courts of the of the District of Columbia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia in connection with any such dispute including any claim involving CANARY HEALTH or its licensors, employees, contractors, officers, directors, telecommunication providers, and content providers.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Questions

Please direct any questions you may have about these Terms of Use and/or notify CANARY HEALTH