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Terms of Use

Respiratory Health Association (“RHA“, “we“, “our,” or “us“) is providing its website (https://resphealth.org) (the “Website“) for your use subject to the following Terms of Use (“Terms”). Please read these Terms carefully. By downloading, accessing, using any portions of the Website, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms. The term “you” refers to visitor of publicity available portion of the Website. If you do not agree to be bound by these Terms, you may not access or use the Website.

IMPORTANT NOTICE: YOUR USE, DOWNLOAD, AND/OR RECEIVING OF ANY OF OUR WEBSITE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 11, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, UNLESS PROHIBITED BY LAW OR YOU EXPRESSLY OPT OUT OF ARBITRATION AS DESCRIBED IN THAT SECTION.

  1. User Requirements

By using or otherwise accessing our Website, you hereby represent and warrant to us that you:

  • are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under these Terms, including, if you are below the age of 18, but between 13 and 18 years of age, you have consent of a parent or guardian to access and use the Website;
  • confirm that all information provided by you, if any, is truthful, accurate and complete; and
  • will comply with the terms and conditions of these Terms and any other agreement to which you are subject to that is related to your use of the Website or any part thereof. You may not use our Website if you are prohibited, either by the laws of the United States of America or any other country, from accessing the Website or receiving any services via our Website.
  1. Right to Use Website and Content
  • Our Website may contain text, forms, questionnaires, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, data, and other information (“Content”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. Our Content does not include your data. Our Website and its Content (excluding your data) is protected by, among other laws, the United States copyright law. Trademarks, logos, and service marks displayed on our Website are registered and/or unregistered trademarks of RHA, its licensors or content providers, or other third parties. By accessing the Website, you agree that RHA is the exclusive owner of the Website. Any unauthorized use of our intellectual property, including RHA trademarks, our copyrighted material, and our trade dress, is strictly prohibited.
  • Provided that you comply with all of these Terms, RHA grants you a limited, non-exclusive, revocable, non- assignable, non-transferable license to view and use our Website and any Content hereon for your personal information and non-commercial use. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink from, or distribute in any way Content from this Website, including code and software underlying this Website, nor may you sell, transfer, or otherwise use the Website in commerce or for any public or commercial endeavor without our prior and express written consent. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of RHA or any third party, except as expressly provided in the Terms. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of Content. All rights not otherwise expressly granted by the Terms are reserved by us.
  • If you are interested in using any of our Content (including our trademarks, logo and copyrighted materials), please send us an email at info@resphealth.organd include the Content who wish to use, how long you intend to use it and for what purpose you intend to use it. Content licensed under this section may not be used for any personal or commercial use, or in any way that would be likely to create confusion as to whether RHA is endorsing or sponsoring the usage.
  • When linking to our Website, you understand and agree that: (i) you may not state or imply that RHA is endorsing you and/or any of the products or services that you or your organization provides; (ii) you must clearly and truthfully communicate to the public that you are one of the persons or organizations permitted to link to our Website by stating your relationship with RHA (e.g., a donor, official sponsor or partner, etc.); (iii) without our consent, you may not copy, reproduce, display, republish, download, post or otherwise use any RHA Content on your website or on another webpages, or use RHA’s trademarks or logo as a link. RHA assumes no liability or responsibility whatsoever for any content of any third party websites, webpages or social media accounts that are linked to our Website or Content.
  1. User Conduct

You agree that you will not (and will not permit any third party to), under any circumstances:

  • use our Website for any illegal or unauthorized purpose;
  • use our Website for any purpose that may be deemed by us to be threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, explicit or otherwise in violation of these Terms;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Website;
  • copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Website is based;
  • use any Website or Content in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
  • impersonate any person or entity; collect or store personal data about other users without permission; or disclose private or proprietary information that you do not have the right to disclose;
  • solicit information from another user in furtherance of identity theft or another unlawful purpose;
  • frame or otherwise simulate the appearance or functions of the Website or any portion thereof;
  • modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of our Website, including any Content included on our Website;
  • use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on our Website, deep-link to any feature or content on our Website, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other similar measures; or
  • use our Website for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
  1. Privacy

The RHA Privacy Policy available here describes how we collect and use personal information about you through the Website, and is incorporated in these Terms by this reference. RHA and its third party service providers may use your personal information to provide Website to you and on an aggregated or anonymized basis for other purposes, including to improve our Website and Content during or after the term.

  1. User Materials and Feedback

Content, information, images, data and other materials posted or provided by users via our Website (collectively, “User Materials”) are the intellectual property of the specific users of our Website who post such User Materials. You are solely responsible for (a) User Materials, including the accuracy and completeness thereof, and (b) obtaining and documenting any waivers or consents from any third parties required for RHA (and its third party contractors or processors) to perform its obligations and receive, process, transmit, and display User Materials as contemplated under these Terms. By your submission, posting or delivering of User Materials to us, you hereby grant to us a transferable, non-exclusive, worldwide, perpetual, royalty-free license to access, use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating your User Materials. We will use commercially reasonable efforts to comply with our privacy related obligations under our Privacy Policy with respect to such User Materials, and you represent and warrant that you have the right to make that User Materials available to us.

You agree that submission of any ideas, suggestions, documents, and/or proposals to RHA through its suggestion, feedback, contact us, or other similar pages on our Website, or our Facebook or other social media pages (“Feedback”) is at your own risk and that RHA has no obligation (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 RHA a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub- licensable 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 with the operation, maintenance and improvement of our Website.

We respect the intellectual property rights of others. If you believe that any Content of our Website may infringe your copyrights or other intellectual property rights, please provide RHA the written information specified below. Please note that this procedure is exclusively for notifying RHA if you believe that your intellectual property rights have been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  • A description of the intellectual property right that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

RHA’s representative for notice of claims of copyright infringement or other intellectual property infringement on our Website can be reached as follows: info@resphealth.org

  1. Disclaimers

(a)  All material on this Website undergoes review to ensure fair balance, objectivity, independence, and relevance.  However, neither RHA nor any other party involved in the preparation of the Website, warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such. Readers are encouraged to confirm the information contained herein with other sources. Users reading content posted on this Website should review the information carefully with their professional health care provider. The information is not intended to replace medical advice offered by physicians. To the maximum extent permitted by law, our Website are provided “as is” and “as available”, and at your sole risk. RHA is not liable, under any circumstances, for any losses or damages from the use of the Content of this Website. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limitation, we make no warranty that our Website will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that defects in the operation or functionality and any content or information found on our Website will be accurate or reliable, that defects in the operation or functionality of our Website will be corrected, virus-free, or that the quality of information, content, or other materials obtained through our Website will meet your expectations. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.

  • Our services are not intended as a substitute for, nor do our Website or Content replace, recommend, or endorse professional medical advice, diagnosis, or treatment. Nothing stated, posted, linked, or available through our Website is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. No licensed medical professional/patient relationship is created by using our Website and services. RHA and any other parties make no representations or warranties with respect to any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through this Website or any links that may be contained herein.
  • There may be times when our Website is unavailable due to technical errors or network outages or for maintenance and support activities. We do not represent, warrant, or guarantee that the Website will always be available or completely free of human or technological errors. Our Website and Content may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Website or Content or any information supplied to you via the Website, or that files available through the Website are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
  1. Limitation of Liability

(a)         YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RHA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS AND LICENSORS (“RHA PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT RHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY WEBSITE, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR WEBSITE OR CONTENT; OR (2) ANY OTHER MATTER RELATED TO OUR WEBSITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

(b)        UNDER NO CIRCUMSTANCES WILL RHA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR MORE THAN THE AMOUNT RECEIVED BY RHA AS A RESULT OF YOUR USE OF OUR WEBSITE. IF YOU HAVE NOT PAID RHA ANY AMOUNTS, RHA’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100 USD).

(c)         SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND RHA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. Release and Indemnification

(a)         You agree to release RHA from any and all liability and obligations whatsoever in connection with or arising from your use of the Website or Content. If at any time you are not satisfied with the Website or object to any Content or other material within or on the Website, your sole and exclusive remedy is to immediately stop using and otherwise accessing the Website.

(b)        You agree to indemnify and hold RHA harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with: (i) the use or inability to use our Website or any Content; (ii) your breach or violation of these Terms or any other guidelines or agreements referenced in these Terms; (iii) any information you provide to RHA (including any information your provide to us); (iv) your link to, or inability to link to, the Website or Content; (iv) your violation of any rights of any third party, including privacy and intellectual property rights.

(c)         If you are a California resident or could otherwise claim the protections of California law, you further expressly waive the provisions of section 1542 of the California civil code, which reads as follows: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor.” You acknowledge that you have read and understand section 1542 of the California civil code, and you hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to your release of any claims you may have against RHA.

9           Third-Party Content

Our Website may contain links to third party websites, advertisers, applications, special offers or other events or activities (collectively, “Third-Party Website”) that are not owned or controlled by RHA. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Website, nor do we endorse such Website. RHA does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via Third-Party Website. If you access a Third-Party Website in the course of using the Website, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such Third-Party Website. You expressly relieve RHA Parties from any and all liability arising from your use of any Third-Party Website or Third Party-owned content. RHA does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via our Website (“Third-Party Content”). Any Third-Party Content placed on the Website is the view and responsibility of those who post those comments, opinions, or statements, and does not necessarily represent the views of RHA. RHA does not endorse any specific commercial product mentioned on this Website.

  1. Suspension; Modification; Termination

We may, from time to time and at our sole discretion, discontinue or alter all parts or any aspect of the Website, remove Content, or restrict the time the Website available. You acknowledge and agree that we may, under certain circumstances, immediately suspend and/or terminate your access to the Website or any part thereof, including, without limitation, for the following reasons: (a) your or another user’s breach or violation of these Terms or other agreements or guidelines referenced in these Terms; (b) our discontinuance or modification to the Website; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you or another user in fraudulent or illegal activities. You further agree that any such actions may be taken without notice to you, in our sole discretion, and without liability to you or any third party.

RHA may prohibit you from using or accessing the Website by placing a temporary hold or freeze on your account if we suspect you are violating these Terms. If no violation is found, we will remove the hold, and you may continue using the Website.

  1. Governing Law; Arbitration; Class-Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND RHA TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of Illinois will govern these Terms, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under these Terms to initiate litigation in a court, you agree that any action arising out of these Terms or your use of the Website shall be brought in state or federal court in the state of Illinois and you consent to the jurisdiction of such courts.

For any dispute you have with RHA, you agree to first contact RHA and attempt to resolve the dispute with RHA informally. Unless resolved by mutual efforts of you and us, any disputes or claims that may arise out of or in connection with these Terms and for which either party shall seek equitable relief, all differences, disputes or claims arising in connection with these Terms or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association in the state of Illinois, by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. It is understood that the decision in such arbitration shall be binding on both parties, that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees and that a judgment upon any award rendered may be entered in any court having jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court for matters related to data security, intellectual property or unauthorized access to or use of the Website. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS RHA AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RHA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

  1. Updates to These Terms

We reserve the right to modify these Terms at any time, effective upon posting. You can tell when changes have been made to these Terms by referring to the “Last Updated” legend on top of this page. We will provide you with advance notice of a major change. For example, we may: (i) require that you reaccept the updated version of these Terms; (ii) send you an electronic notification advising of the update to these Terms; or (iii) include a notice on the Website. We do not ordinarily provide advance notice of a minor change.

We encourage you to check these Terms every time you visit the Website. Your continued use of our Website and/or utilization of any Website benefits after these Terms have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of these Terms.

  1. General

(a)  We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. Neither you nor RHA will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.

(b)  The communications between you and RHA may take place via electronic means including text or RHA communicates with you via e- mail. For contractual purposes, you (a) consent to receive communications from RHA in an electronic form such as text, calls, and push notifications; (b) agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems; and (c) agree that all terms and conditions, agreements, notices, disclosures, and other communications that RHA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. If you need assistance regarding conducting electronic communications with the RHA, you may reach out to the Director of Operations at info@resphealth.org. The frequency with which RHA conducts electronic communications, such as message frequency, may vary.

(c)  IF YOU WISH TO OPT OUT OF EMAILS, YOU CAN UNSUBSCRIBE FROM OUR EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE TEXTS OR CALLS AS A CONDITION OF USING THE COMPANY PROPERTIES OR RELATED SERVICES.

  • These Terms are effective unless and until terminated by RHA or you. RHA may, in its sole discretion, terminate your use of the Website or any part thereof if you fail to comply with any term of provision of these Terms. You may terminate these Terms at any time by discontinuing all use of the Website. Termination or cancellation of these Terms shall not affect any right or relief to which either RHA or you may be entitled at law or in equity. Upon termination, you must terminate all use of the Website and destroy all materials, including any Content, obtained using the Website and all copies thereof.
  • Our Website and the Content is hosted in the United States and is governed by the laws of the United States. Our products and Website, and other Content on our Website, are only directed at those located within the United States. If you are using our Website from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Website in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.
  • You may not assign or otherwise transfer these Terms or any rights or obligations hereunder without RHA’s prior, written consent. Any assignment in violation of this Section is null and void.
  • These Terms, together with the Privacy Policy, any amendments and any additional agreement you may enter into with RHA in connection with the Website, shall constitute the entire agreement between you and RHA concerning the Website and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and RHA with respect to such subject matter. If any portion of these Terms is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
  • RHA shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.
  • No waiver of any term in these Terms shall be deemed a further or continuing waiver of such term or any other term, and RHA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
  • The section headings appearing in these Terms have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they pertain.
  • RHA welcomes your questions or comments regarding these Terms. If you would like more information please reach out to us. For questions about financial and/or compliance matters, please email us at info@resphealth.org.