Terms Of Service

Welcome to the Patient Campaign website. To gain a thorough understanding of the terms and conditions that govern your use of our website (the “Website”), please continue reading. If you have any questions, comments, or concerns about these terms or the website, please do not hesitate to reach out to us at:

Email: help@patientcampaign.com

These Terms of Use (the “Terms”) constitute a legally binding agreement between you and Patient Campaign, LLC. (“Patient Campaign,” “we,” or “us”). By using the Website in any manner, you signify your acceptance of these Terms, and they will remain in effect for the duration of your use of the Website. These Terms include the provisions in this document as well as those found in the Privacy Policy.

Privacy Concerns?

For the current Patient Campaign Privacy Policy, please click here.

Usage Restrictions

• By accessing or contributing to the Website, or interacting with it in any way, you represent, warrant, and agree that you will not engage in any of the following activities:
• Infringing or violating the intellectual property rights or any other rights of any individual or entity, including Patient Campaign.
• Violating any applicable law or regulation, including but not limited to export control and privacy laws or engaging in any purpose not reasonably intended by Patient Campaign.
• Engaging in harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or objectionable behavior.
• Attempting to obtain the password, account, or other security information from any other user.
• Compromising the security of any computer network, cracking passwords, or breaching security encryption codes.
• Running Maillist, Listserv, any form of auto-responder or “spam” on the Website, or engaging in processes that disrupt the Website’s proper functionality.
• Engaging in “crawling,” “scraping,” or “spidering” any page, data, or content related to the Website (whether manually or through automated means).
• Copying or storing a significant portion of the Website’s content.
• Decompiling, reverse engineering, or attempting to access the source code or underlying ideas or information of the Website.
• Violation of any of the above stipulations is grounds for the termination of your right to use or access the Website.

User Rights

The materials available on or through the Website, including text, graphics, data, articles, photos, images, illustrations, and other content (collectively, the “Content”), are protected by copyright and other intellectual property laws. You agree to adhere to all copyright notices, trademark rules, information, and restrictions contained in any Content you access via the Website. You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or exploit any Content not owned by you without the prior consent of the Content owner or in a way that infringes on the rights of others, including Patient Campaign.

Subject to these Terms, Patient Campaign grants each user of the Website a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., download and display locally) Content solely for the purpose of using the Website. Any use, reproduction, modification, distribution, or storage of Content for purposes other than using the Website is expressly prohibited without prior written permission from Patient Campaign. You acknowledge that Patient Campaign is the owner of the Website, and you agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly permitted in this section), create derivative works based on, or otherwise exploit any aspect of the Website. Even in cases where the Website allows you to copy or download certain Content, all the restrictions outlined in this section still apply.

Responsibility for Website Activity

Any information or Content publicly posted or privately transmitted through the Website is the sole responsibility of the person from whom the Content originated. You access such information and Content at your own risk, and Patient Campaign is not liable for any errors or omissions in that information or Content or for any damages or losses you might incur as a result of using it. Patient Campaign cannot control or take any action regarding how you interpret and use the Content or any actions you may take as a result of exposure to the Content. We cannot guarantee the identity of any users with whom you interact on the Website, and we are not responsible for which users gain access to the Website.

You are responsible for all Content you contribute to the Website, and you represent and warrant that you have all necessary rights to do so in the manner in which you contribute it.

The Website may contain links or connections to third-party websites or services that are not owned or controlled by Patient Campaign. When you access third-party websites or use third-party services, you acknowledge the associated risks, and Patient Campaign is not responsible for those risks.

Patient Campaign does not have control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices, or opinions expressed on any third-party websites or by any third party you interact with via the Website. Furthermore, Patient Campaign does not monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the Website and to read the terms, conditions, and privacy policies of any third-party website or service you visit or use. By using the Website, you release and hold Patient Campaign harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Website, including payment, delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and those organizations and/or individuals. You should conduct any necessary investigations before engaging in any online or offline transactions with these third parties. You agree that Patient Campaign shall not be responsible or liable for any loss or damage of any kind resulting from such dealings.

If a dispute arises among participants on the Website or between users and any third party, you acknowledge that Patient Campaign is under no obligation to become involved. In the event of a dispute with one or more other users, you release Patient Campaign, its directors, officers, employees, agents, and successors from any claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Website. You hereby waive California Civil Code Section 1542 or any similar law of any jurisdiction, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known by them, would have materially affected their settlement with the debtor or released party.”

Additional Information

Warranty Disclaimer: Patient Campaign and its licensors, suppliers, partners, parent companies, subsidiaries, or affiliated entities, along with their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, as well as their respective successors and assigns (collectively, the “Patient Campaign Parties”), make no representations or warranties concerning the Website, including the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Website. The Patient Campaign Parties will not be responsible or liable for any claims, actions, suits, procedures, costs, expenses, damages, or liabilities arising from the use of or related to your participation in the Website. The Website and Content are provided by Patient Campaign (and its licensors and suppliers) on an “as-is” basis, without any warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free use. Some states may not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Limitation of Liability: To the fullest extent permitted by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall any of the Patient Campaign Parties be liable to you or any other person for (A) any indirect, special, incidental, punitive, or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, (B) any substitute goods, services, or technology, (C) any amount, in the aggregate, in excess of one hundred ($100) dollars, or (D) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation and exclusions may not apply to you.

Indemnity: You agree to indemnify and hold the Patient Campaign Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (A) your use of the Website, and (B) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment: You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without Patient Campaign’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law: These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement: Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Patient Campaign and limits the manner in which you can seek relief from Patient Campaign. Both you and Patient Campaign acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Patient Campaign’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement: The parties shall make their best efforts to resolve any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Chicago, IL. The arbitration will be conducted in English, following the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration: The Rules will govern payment of all arbitration fees. Patient Campaign will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Patient Campaign will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement: Either you or Patient Campaign may assert claims, if they qualify, in small claims court in Wilmington, Delaware, or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

(d) Waiver of Jury Trial: YOU AND PATIENT CAMPAIGN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Patient Campaign are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Patient Campaign over whether to vacate or enforce an arbitration award, YOU AND PATIENT CAMPAIGN WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. However, if this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Patient Campaign is entitled to arbitration, and all claims and disputes will be resolved in a court, as set forth in (g) below.

(f) Opt-out: You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue: If you send the opt-out notice in (f) and/or in any circumstances where the foregoing arbitration agreement permits either you or Patient Campaign to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Patient Campaign agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Delaware or the federal district in which that county falls.

(h) Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Patient Campaign.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Website, provided that Patient Campaign may, in its sole discretion, perform any of these actions on your behalf or for itself as it sees fit. The failure of either you or us to exercise any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to allow these Terms to remain in full force and effect and enforceable. You and Patient Campaign agree that these Terms constitute the complete and exclusive understanding between you and Patient Campaign, supplanting all previous written and oral agreements, communications, and other understandings related to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Patient Campaign and do not have any authority to bind Patient Campaign in any respect.

Except as expressly set forth in the section above concerning the arbitration agreement, you and Patient Campaign agree that no third-party beneficiaries are intended under these Terms.