Terms of Service

Welcome to our Site and the Social Cascade Platform, the online platform for healthcare providers to disseminate critical and public health messages (“Messages”) for their patients, families, and caregivers (“Parents”) via healthcare provider designated social media channels. The Site and the Social Cascade Platform (“Platform”) are provided by Social Cascade, Inc.

Below are terms and conditions (the “Terms”) to clarify expectations and to set out our respective rights and obligations relating to your use of the Platform. These Terms along with our Privacy Policy, are also a resource for you to get a deeper understanding of how we use information and data we collect.

Acceptance of Terms of Service

These Terms, which include our Privacy Policy, are a binding legal agreement and govern your use of the Platform, including all features and functionalities, applications, updates, notifications and our user interfaces, and all content and software associated therewith. By checking the “I accept the Terms & Conditions” box during registration or by using, visiting, or browsing an account on the Site, you accept and agree to be bound by the current version of these Terms. If you do not agree to these Terms, you are not authorized to use, and you should not use, the Platform.

These Terms may change from time to time. We will post any changes to our Terms on the Platform and our website and, if the changes are material, we will provide a more prominent notice. Your continued access to or use of the Platform after we have posted changes will indicate that you agree to be bound by such changes.

Information of Children

Please refer to the “Information of Children” section in our Privacy Policy.

Healthcare Providers, Clinics, and Healthcare Organizations

Healthcare Providers or Clinics or Healthcare Organizations (“Organizations”) may purchase a license or subscription to use the Platform to disseminate public health information through Organization-linked social media accounts and other channels. The Organization acknowledges and agrees that access to the Platform will be limited to the specified Organization and that the Organization has secured all necessary authorizations required for use of the Platform.

The Organization will not make the Platform available to anyone outside of the Organization without Company’s prior consent. The Organization further agrees that it will use its reasonable efforts to educate its members about proper use of the Platform and that we have the right to suspend or prohibit access to the Platform by any User in violation of these Terms.

Content Providers

Content Providers may create accounts on the site to access and use the Platform to obtain data and reports relating to the Messages of the Content Provider. Content Providers are not permitted to provide review of their own messages, or review the messages of other Content Providers on the Platform. Content Providers acknowledge that the Company reserves the right in its reasonable discretion to incorporate or reject any proposed changes to information on the Platform.

By using the Platform, Content Providers expressly agree and acknowledge that Company may use the trademarks, service marks and logos of the Content Provider for the limited purpose of providing information concerning the Messages of the Content Provider and to facilitate the Content Provider’s interaction with Organizations and other users through the Platform.

Use of the Platform

Registration

In order to use the Platform as a User on the website, you will need to provide to us certain basic information such as your true legal name, affiliated Organization (if applicable) and similar personal and professional information. You will be responsible for securing your user name and password and for all use of the Platform using your email address or password.

User Obligations

Your use of the Platform shall be solely for your own professional use. You will comply with all applicable laws in connection with your use of the Platform. You will not attempt to circumvent or violate any security feature of the Platform.

All Users agree that they will not:

• Interfere with, or attempt to interfere with, the normal operations of the Platform
• Post content that is libelous, defamatory, vulgar, profane, or obscene
• Use the Platform to harass, bully, threaten, or intimidate any User
• Post content that constitutes hate speech or promotes violence
• Post content that is fraudulent, false, misleading or deceptive
• Impersonate or falsely suggest an affiliation with any person or entity
• Seek to monetize the Platform by selling reviews or endorsements
• Collect, store or analyze information about other Users without authorization
• Submit, post, or transmit any Sensitive Information (as defined below), including protected health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”)
• Violate any applicable law or encourage criminal conduct

Sensitive Information

“Sensitive Information” means any information that identifies or could reasonably be used to identify a specific individual’s health condition, treatment, diagnosis, or healthcare provider relationship, including but not limited to protected health information (“PHI”) as defined under HIPAA, individually identifiable health information, Social Security numbers, financial account numbers, or any other data classified as sensitive or protected under applicable law.

You shall not share, collect, transmit, or store Sensitive Information through the Platform. The Platform is not designed to process, store, or transmit Sensitive Information, and Company disclaims all liability arising from any User’s submission of Sensitive Information in violation of this Section. If you believe Sensitive Information has been inadvertently submitted, you must notify us immediately at info@socialcascade.co.

User Content

Each User is responsible for the content that such User uploads, shares, posts, links to or otherwise makes available via the Platform (“User Content”). You retain full ownership of all User Content; in order for Company to provision the Platform, you also grant to us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, distribute, perform, display and transmit your User Content as necessary for provision of the Platform.

Messages

Listing or availability of any Messages on or through the Platform does not constitute a recommendation, sponsorship, guarantee or endorsement of such Message by Company. You are responsible for determining whether you wish to use any Message which may be made available through the Platform. WE HEREBY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY MESSAGES, ACCURACY OF REVIEWS OR OTHER USER CONTENT.

Intellectual Property

The User, or the applicable Organization, will retain ownership of all User Content created or posted by such User, subject to the license granted to us herein.

As between you and Company, the Platform, including all content, graphics, audio, video, pictures, trademarks, logos and other material on the Platform, and its underlying software, algorithms, databases, look and feel and arrangement, are the intellectual property of Company. We grant you a non-exclusive, non-transferable, revocable license to use the Software solely for your own use of the Platform and in accordance with these Terms.

Restrictions

You may not use any information provided on or through the Platform for any commercial purpose including by selling, buying, distributing, reposting or licensing any information or materials you may obtain through use of the Platform. You may not alter, modify or create derivative works of the Software or Platform and shall not access or attempt to access, reverse engineer, decompile or otherwise discover the source code of the Software.

Warranty Disclaimer

THE PLATFORM AND SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, SOFTWARE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, SECURITY OR COMPLETENESS OF THE PLATFORM OR ITS CONTENT. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USE.

Limitation on Liability

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO ANY INDIVIDUAL USER IN CONNECTION WITH USE OF THE PLATFORM EXCEED THE LESSER OF (I) $50 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR USE OF THE PLATFORM. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES. Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action.

Indemnification

You hereby agree to indemnify, defend and hold Company and its affiliates and each of their owners, members, directors, officers, managers, employees, agents and representatives harmless from any claim, cause of action, proceeding, liability, damages, loss, attorney fees, cost and expenses arising from or related to (i) your breach of these Terms and/or (ii) your use of the Platform.

Miscellaneous Provisions

Assignment. You may not assign your rights hereunder. We can assign our rights at any time without restriction.

Governing Law. To the extent permitted by law, these Terms and your use of the Platform are governed by North Carolina law, without giving effect to its conflict of law provisions.

Entire Agreement. These Terms together with the Privacy Policy constitute the entire agreement between you and Company concerning your use of the Platform.

Arbitration Provisions

ANY CONTROVERSY OR DISPUTE BETWEEN COMPANY AND YOU ARISING OUT OF OR RELATED TO THESE TERMS AND/OR YOUR USE OF THE PLATFORM THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), IN RALEIGH, NC, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA.

YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING AND THAT BY AGREEING TO THESE TERMS THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL.

Contact Us

If you have any questions regarding these Terms of Service, you may contact us at info@socialcascade.co.

Social Cascade, Inc.
3915 Beryl Rd, Suite 130
Raleigh, NC 27607
919.205.9634