CaringBridge Inc. (“CaringBridge”) operates the CaringBridge.org web site (this “Site”) as a free online service to help families and friends stay in touch during important life events, such as medical treatment, childbirth or adoption. You may use this Site only if you comply with and agree to be bound by these Terms of Use.

Your Consent

---

Please take a few minutes to review these Terms of Use before using this Site. By creating or visiting a CaringBridge site or otherwise using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

Authors and Visitors

---

When you use this Site to create or maintain your own CaringBridge site, you are an “author.” When you use this Site to view general content or visit another person’s CaringBridge site, you are a “visitor.”

CaringBridge Privacy Policy

---

Our Privacy Policy describes the information we collect when you and others use this Site, for example, to create or visit a CaringBridge site. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy. Please review our Privacy Policy.

These Terms of Use May Change

---

We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

For your convenience, whenever these Terms of Use are changed, we will alert you by posting a notice on our home page for 60 days. If more than 60 days goes by between your visits to this Site, be sure you review these Terms of Use to see if they have been revised since your last visit.

You may access the current version of these Terms of Use at any time by clicking the link marked "Terms of Use" at the bottom of each page of this Site.

These Terms of Use were last revised on June 1, 2005.

Responsibility For Content Posted on This Site

---

Each author and visitor is solely responsible for the information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”) he or she posts on this Site. This means that you, and not CaringBridge, are entirely responsible for all Content that you upload, post, transmit or otherwise make available to others using this Site.

Under no circumstances will CaringBridge be liable in any way for any Content posted on or made available through this Site by you or any third party.

CaringBridge does not control the Content posted on individual CaringBridge sites and, as such, does not guarantee the suitability, accuracy, integrity or quality of such Content. In particular, CaringBridge does not control and is not responsible for the accuracy, correctness, completeness, or currency of any medical and/or patient information posted on or made available through an individual's CaringBridge site.

You understand that by maintaining or visiting a CaringBridge site, you or your visitors may be exposed to Content that is offensive, indecent or objectionable.

Restrictions on Your Use of this Site

---

You agree not to use this Site to:

• upload, post, transmit or otherwise make available
• any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• any Content that you know to be false, misleading, or fraudulent;
• any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
• any request for or solicitation of money, goods, or services for private gain;
• 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;
• any photograph without the permission of each person in the photograph;
• the name of any individual without that person’s knowledge and consent;
• any Content, including any medical information, about an identifiable person without that person's permission;
• any Content inconsistent with the values or the spirit of the CaringBridge user community;
• link one CaringBridge site to another without consent of author of that CaringBridge site, link one CaringBridge site to another outside of the Links page on the CaringBridge site;
• promote any illegal activity;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• interfere with or disrupt the Service or servers or networks connected to the Service;
• in violation of any local, state, national or international law, rule or regulation;
• "stalk" or otherwise harass another; or
• collect or store personal data about other users of this Service.

By uploading, posting, transmitting or otherwise making any Content available on or through this Site, you are granting CaringBridge a non-exclusive right to copy, modify, publish and distribute publicly, and prepare derivative works of that Content in accordance with these Terms of Use. If any part of the Content is not your original work, it is your responsibility to obtain permission from the copyright owner before making that Content available to us.

You understand that CaringBridge does not pre-screen the Content posted on or available through individual CaringBridge sites, but that CaringBridge and its designees will have the right (but not the obligation) in their sole discretion to remove any Content that is posted on or available through a CaringBridge site. Without limiting the foregoing, CaringBridge and its designees will have the right to remove any Content that violates these Terms of Use or is otherwise objectionable.

You acknowledge, consent and agree that CaringBridge may access, preserve, and disclose your personal information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for assistance; or (e) protect the rights, property, or personal safety of CaringBridge, its users and/or the public.

Ownership of Content Posted by Authors and Visitors on CaringBridge sites

---

Many authors ask us if they own the copyright in whatever they publish on their CaringBridge site. The answer is “yes.” If the Content (whether it be a journal entry, a poem, a photograph, or any other form of content) is the original work of the individual posting the Content, then the individual posting the Content owns the copyright in that work. This is true whether the individual is an author or a visitor. CaringBridge does not claim any copyrights in original works created and posted by authors and visitors.

Ownership of Site and CaringBridge Content

---

This Site, including all of the personalized CaringBridge sites and all of the Content on this Site (other than the Content individuals post on CaringBridge sites) is owned by CaringBridge or by third parties who have licensed their copyrights to CaringBridge. No right, title or interest in this Site, your CaringBridge site, or any Content on this Site (other than the Content authors and visitors post on CaringBridge sites) is transferred to you under these Terms of Use.

Ownership of Feedback

---

CaringBridge welcomes your comments and feedback regarding this Site. All information and materials submitted to CaringBridge through this Site, such as any comments, feedback, ideas, questions, designs, data or the like (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

By submitting Feedback to CaringBridge through this Site, you assign to CaringBridge, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Feedback you submit. CaringBridge will be entitled to use any Feedback you submit through this Site, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way.

You are responsible for the information and other Content contained in any Feedback you submit to us through this Site, including, without limitation, their truthfulness and accuracy.

The term "Feedback" does not include the Content posted on a CaringBridge site.

Right to Modify or Discontinue Site

---

CaringBridge reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. You agree that CaringBridge will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.

Links to Other Sites

---

This Site, including, without limitation, individual CaringBridge sites, may provide links to other World Wide Web sites or resources. Because CaringBridge has no control over such sites and resources, you acknowledge and agree that CaringBridge is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CaringBridge will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Disclaimer of Warranties and Limitations Of Liability

---

TO THE FULLEST EXTENT PERMITTED BY LAW, CARINGBRIDGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

UNDER NO CIRCUMSTANCES, WILL CARINGBRIDGE, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR CARINGBRIDGE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF CARINGBRIDGE H AS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CARINGBRIDGE, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE ONE HUNDRED DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Additional Terms for Authors of CaringBridge sites

---

The following additional terms apply when you use this Site to create or maintain a CaringBridge site:

Authors Must Be At Least Eighteen

You must be at least 18 years old to create and maintain a CaringBridge site. If you are under 18, your parent or guardian may create and maintain a CaringBridge site for you. Your parent or guardian must register as the author and select the privacy level for the CaringBridge site.

Author Registration Information

As the author of a CaringBridge site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the setup account form on the “Setup Account” Page, and (b) to maintain and promptly update the Author Account Information to keep it true, accurate, current and complete.

Author Password

As the author of a CaringBridge site, you will be asked to choose a unique password (your “Author Password”). When you sign in using your Author Password, you will be able to update your CaringBridge site and set the level of privacy for your CaringBridge site. You may change your Author Password at any time.

You are responsible for maintaining the confidentiality of your Author Password and are fully responsible for all activities that occur under your Author Password. You agree to notify CaringBridge immediately of any known or suspected unauthorized use of your Author Password or any other breach of security. CaringBridge cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your Author Password.

Privacy Settings

Our goal is to balance our users’ need to find each other and communicate information and support against our users’ desire for a measure of privacy.

We have found that

• some of our authors prefer a completely open CaringBridge site that may be viewed by people around the world,
• some wish to simply have all visitors identify themselves.
• some wish their CaringBridge site to be open to most people, but, for any number of reasons, wish to exclude certain specific individuals (“Blocked Visitors”), and
• some wish to limit access to their CaringBridge site to family and close friends (“Approved Visitors”).

Because our authors have different preferences and needs, we let each author choose from a menu of privacy settings.

On June 1, 2005, we upgraded this Site. CaringBridge sites created on or after June 1, 2005 have different privacy settings than the CaringBridge sites created before June 1, 2005.

Privacy settings for CaringBridge sites created on or after June 1, 2005

The author of a CaringBridge site created on or after June 1, 2005 may choose from the following menu of privacy settings:

Open viewing:

• Visitors must know the web address (URL) of the CaringBridge site to visit the site. In addition, if the author chooses to create a Visitor Username/Password, visitors must know the Visitor Username/Password to visit the CaringBridge site.
• Visitors will not be required to register before viewing the CaringBridge site.
• Visitors will, however, be required to register before they may post guestbook entries or tribute entries to the CaringBridge site.

Registration required:

• Visitors must know the web address (URL) of the CaringBridge site to visit the site. In addition, if the author chooses to create a Visitor Username/Password, visitors must know the Visitor Username/Password to visit the CaringBridge site.
• Visitors will be required to register before viewing or posting entries to the CaringBridge site.
• You may create an “Approved Visitor List” so that only those Visitors who are registered and on the Approved Visitor List may view or post entries to the CaringBridge site.
• You may create a “Blocked Visitor List” so that Visitors who are registered and on the Blocked Visitor List will not have access to the CaringBridge site.

Privacy for CaringBridge sites created before
June 1, 2005

The author of a CaringBridge site created on or after June 1, 2005 may choose from the following menu of privacy settings:

• Level I. Visitors must know the web address (the “URL”) of the CaringBridge site to view and
• Level II. Visitors must know the web address (the “URL”) of the CaringBridge site and the Visitor Username/Password to view and post to the CaringBridge site. The author of the CaringBridge site chooses the Visitor Username/Password. Registration is not required.

The privacy level and settings for a CaringBridge may be changed at any time by the author.

Because of the private nature of a CaringBridge site, CaringBridge does not post a directory of CaringBridge sites.

Term and Cost of Service

Unless one of the other provisions of these Terms of Service applies:

• CaringBridge will host your CaringBridge site at no charge to you for one (1) year from the date you create your CaringBridge site.
• At the end of one (1) year, we will review your CaringBridge site for activity. If your CaringBridge site is still active, we will contact you and, if you wish, continue to maintain your CaringBridge site at no charge to you. If your CaringBridge site has been inactive for at least six months as of the end of the first year, we will delete your CaringBridge site.
• After the first year, we will periodically review your CaringBridge site for activity. After the first year, we will delete inactive Web Pages after a six (6) month period of inactivity.
• You may delete/unregister your CaringBridge site at any time.

Termination

As the author of a CaringBridge site, you agree that CaringBridge may, under certain circumstances and without prior notice, immediately delete your CaringBridge site. Cause for such termination will include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods (more than six months) of inactivity. Further, you agree that all terminations for cause will be made in CaringBridge’s sole discretion and that CaringBridge will not be liable to you or any third-party for deletion of your CaringBridge.

Additional Terms for Visitors

---

The following additional terms apply when you use this Site to visit a CaringBridge site:

Visitor Registration Information

As a visitor of CaringBridge, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form on the “Visitor Registration” page, and (b) to maintain and promptly update your Visitor Registration Information to keep it true, accurate, current and complete.

Visitor Password

As a registered visitor, you can choose an optional, unique password (your “Visitor Password”). When you sign in using your Visitor Password, you will be able to update your Visitor Registration Information. You may change your Visitor Password at any time.

You are responsible for maintaining the confidentiality of your Visitor Password and are fully responsible for all activities that occur under your Visitor Password. You agree to notify CaringBridge immediately of any known or suspected unauthorized use of your Visitor Password or any other breach of security. CaringBridge cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your Visitor Email and optional Password.

Visitors Must Be At Least Thirteen to register

You must be at least 13 years old to register as a visitor. If you are under 13, your parent or guardian may create and maintain a CaringBridge account for you. Your parent or guardian must register as the visitor.

General Terms

---

Protect the Privacy of Your CaringBridge site and the CaringBridge sites You Visit

Every member of a caring community, including the author, family and all visitors, is responsible for maintaining the confidentiality of the web site address (“URL”), the author’s unique username/password, and any visitor username/password. Our system provides a measure of privacy only if the web site address, the author’s username/password, and the visitor username/password are not shared with others without the author’s permission.

CaringBridge has no way of knowing and will not be responsible or liable if the individual accessing a CaringBridge site obtained the web site address or the other settings through improper means.

In addition, individuals using this Site must understand that the Internet is inherently insecure and no web site operator can guarantee that a web site is secure. CaringBridge does not warrant that this Site or any CaringBridge site is secure or “hackerproof” you use this Site solely at your own risk.

Take Special Care to Protect Children Under the Age of Thirteen

Caring communities may include friends and family of all ages. Special care must be taken to protect children under the age of 13. For this reason, CaringBridge does not permit children to create or maintain their own CaringBridge sites—a parent or guardian must register as the author and take responsibility for the CaringBridge site. We require that our authors and their visitors take similar precautions before giving a child under the age of 13 access to a CaringBridge site. Neither authors nor visitors may provide the web site address or password for a CaringBridge site to a child under the age of 13 without the express consent of the child’s parent or guardian.

We recommend that parents and guardians instruct their children on the safe use of a CaringBridge site and supervise their children as necessary. An excellent resource for teaching children to use the Internet safely is available at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.

Choice of Law and Forum

These Terms of Use and the relationship between you and CaringBridge will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and CaringBridge agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota.

All waivers must be in writing and signed in ink on behalf of CaringBridge. The failure of CaringBridge to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Entire Agreement

These Terms of Use and the Privacy Policy together constitute the entire agreement between you and CaringBridge and govern your use of this Site, superseding any prior understandings or agreements between you and CaringBridge. This Agreement may be amended or modified only as set forth above.

Effective June 1, 2005.