Terms of Use Agreement

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The Phoenix Society Online Community is not intended for use by individuals under 13 years of age in accordance with the Children’s Online Privacy Protection Act.

Overview

Welcome to Phoenix-Society.org. We maintain this Web site as a service to our constituents. This website is provided solely for the use of current and future constituents of the Phoenix-Society.org to provide you with information about our organization, find resources and support, and to enable you to contact us with any questions or comments you may have. Any other use of this site is prohibited.  By using our Web site, whether as an enrolled user or otherwise, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or utilize the services provided by Phoenix-Society.org.

The goal of the Phoenix Society's Online Community is to provide a secure and safe place for you to share your story, while also providing a place to connect with others who have similar experiences related to a burn trauma. The community is not meant to take the place of or to provide counseling, psychotherapy or medical advice but rather is meant to provide a place to learn from one another and gain peer support so you may move forward in your healing process. Some of the areas are interactive while others will provide a place to read and learn from others' stories. We encourage you to create a profile and join our online community.

Often we are sharing information, experiences, and coping strategies that are very emotional and self-disclosing. To provide a safe place for the members of this community the following ground rules will be utilized, similar to self-help groups that happen face-to-face.  As with any group, connections will be made, friendships may form, and some people may want to discuss issues and life problems unrelated to burn injury issues. These discussions need to occur outside of the online group setting in order that this site be kept available for the purpose intended by the Phoenix Society, namely help and support in dealing with burn-related issues.  Your safety is important to us. However, the prohibited uses of this website notwithstanding, there is no verification of users’ identity used to create profiles on this site. As with any personal connection, common sense must be used. You expressly agree that a decision to make a personal connection is at your sole risk. 

Ground Rules:

  • No vulgarities, obscenities, name-calling, character assassinations or mockery are allowed.
  • No personal attacks or flaming of any kind. You may respectfully disagree with a member, but calling them names or flaming their character is not allowed.
  • Posting links to offensive material is not allowed under any circumstances.
  • Asterisking out curse words in order to get your point across is not an acceptable way to bypass moderating of offensive words. Please share your thoughts, opinions and feelings in a way that doesn’t require the use of curse words.
  • Feelings are not to be judged, they are neither right nor wrong - they just are.
  • Allow people to have the space for their true feelings.
  • No judgment of other people's sharings (even positive comments evaluate sharing).
  • We do not need to fix people’s pain (hurt, anger, fear, sadness, despair) - going through the feelings is how we heal and recover from loss and change.
  • It is helpful to offer caring, support and suggestions about how you got through a similar rough spot in the road.
  • It is not okay to try to talk people out of their feelings or to discount feelings in any way.
  • Under no circumstances will any soliciting be allowed.
  • There are many ways to express spirituality and this is a very personal and individual choice. It is not all right to use this site as a forum to promote your own spiritual or religious beliefs.
  • The group is not a place to promote organizations, causes or solicit funds. (if you would like to provide information on resources that have assisted you in your recovery that is okay).  A link to other resources is available on the Resources page of this site, as we are committed to sharing quality resources to burn survivors and their families.

The group is a safe and helpful place because it allows a space for people's true feelings to be shared without judgment, criticism, discounting or fixing.

Note: It is important to remember safety while online. Always use caution when providing any personal information about yourself anywhere online. It's also a good rule-of-thumb to check the Privacy Policies of any unfamiliar or new web sites you visit. When communicating in a chat room be mindful that many people will be able to view it and the inclusion of information such as your name, your address or telephone number is never recommended.

Acceptance of Agreement

By using the online community including the chat room, you agree to all rules posted herein and to the terms and conditions outlined in this Terms of Use Agreement (the "Agreement") with respect to Phoenix-Society.org website (the "Site"). Other than Phoenix-Society.org Privacy Policy, (Click here to access our Privacy Policy governing the use of information that the Phoenix-Society.org obtains from you through your use of this website), this Agreement constitutes the entire and only agreement between Phoenix-Society.org and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. Phoenix-Society.org may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Violations of this agreement

Members who violate any of the rules/terms of this agreement are subject to immediate action within the discretion of the Phoenix Society administrators, up to and including permanent bans and terminations with or without warning.  If you see activities that violate the terms of this agreement, please note the date and time of the violation and send any and all information to .(JavaScript must be enabled to view this email address).
 

Chat Policy and Transcripts

All participants of the Phoenix Society online peer support chat agree to abide by the above stated ground rules and the terms set forth in this “terms of use” agreement. 

 

The Phoenix Society offers chat participation to anyone over the age of 13 affected by a burn injury.  To assure that chat remains a beneficial tool for the burn community, a transcript of each chat session is maintained at the Phoenix Society office (1835 RW Berends Dr SW, Grand Rapids, MI, 49519).  The information within the transcripts is reviewed by the Phoenix Society staff and used to compile statistics about usage, provide better service to all patrons, train and monitor moderators, analyze the amount and types of questions being asked so as to schedule future speakers and topics, and to monitor the quality of the chatroom service.  The information collected is only accessible to the Phoenix Society staff.  It is not our policy to release or sell your personal information.  Portions of the transcript may be used when necessary in documenting reasons for booting or banning a disruptive user from the chat service. 

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, html or other code used to generate this Site, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site without the prior consent of Phoenix-Society.org, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver by Phoenix-Society.org of any right in such information and materials.

Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.  However, any materials reproduced for your personal use shall not be resold or redistributed by you. You must retain all copyright and other proprietary notices on all copies of the contents.

Indemnification

You agree to indemnify, defend and hold harmless Phoenix-Society.org and its agents, trustees, partners, attorneys, staff and affiliates from and against any and all liability, loss, claims and expense, including reasonable attorney’s fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

Nontransferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable. You further agree not to share or allow access to your password to others.

Payments

You represent and warrant that if you are purchasing something from Phoenix-Society.org that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Links to other Web Sites

The Site may contain links to other Web sites and resources operated by other entities. If you decide to use these sites, you will leave this site. Phoenix-Society.org is not responsible for the content, accuracy or opinions express in such Web sites or resources, and such Web sites and resources are not investigated, monitored or checked for accuracy or completeness by Phoenix-Society.org. Inclusion of any linked Web site or Resource Listing on this Site does not imply approval or endorsement of the linked Web site or resource by Phoenix-Society.org. If you decide to leave this Site and access these third-party sites and resources, you do so at your own risk. The Phoenix-Society.org reserves the right to discontinue any link at any time for any reason and without prior notice.

Specific Prohibited Uses

Notwithstanding any other terms of this Agreement, as a user of Phoenix-Society.org you agree that you will not:

  1. Send or post unsolicited messages, advertising, junk mail, promotional materials, “spam” or other communications in any form designed to solicit or promote information unrelated to your use of Phoenix-Society.org;
  2. Engage in any activities or actions that infringe or misappropriate the intellectual property rights of Phoenix-Society.org, including, but not limited to, using copyrighted materials or trademarks of Phoenix-Society.org found on this Site or aggregating, copying or duplicating any of the materials or information available from this Site without the prior consent of Phoenix-Society.org;
  3. Engage in any activities or actions that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Phoenix-Society.org users without their permission;
  4. Send or post harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto;
  5. Intentionally omit, delete, forge or misrepresent information regarding yourself or any other customer of Phoenix-Society.org;
  6. Engage in any activities or actions intended to withhold or cloak your identity or contact information;
  7. Use this Site for any illegal purpose or in violation of the rules of any other Web site;
  8. Use any device or computer programming language to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on it;
  9. Disclose or share your password with any other person or entity or use your password for any unauthorized purpose; and
  10. Frame or link any other Web site to any of the materials or information contained on this Site without the prior consent of Phoenix-Society.org.

Additionally, you agree that you will not assist or permit any other person to engage in any of the prohibited activities described above, and if you become aware of any of the prohibited activities listed above you will use your best efforts to remedy those activities immediately.

Use of User ID And Password

Once you enroll with Phoenix-Society.org you are given access to a password-protected area of the Site that is not available to the public. You are responsible for maintaining the confidentiality of your user ID and password and are therefore responsible for any and all damages to Phoenix-Society.org resulting from the unauthorized use or distribution of your user ID and password.

Disclaimer and Limits

You expressly agree that use of this website is at your sole risk. Neither Phoenix-Society.org, its affiliate, nor any of their officers, directors, staff, agents or third-party content providers, or licensors warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security or currency of the contents and materials.

The materials and contents may contain errors, omissions, inaccuracies, or outdated information. Further, the Phoenix-Society.org does not warrant reliability of any statement or other information displayed or distributed through the site. The Phoneix-Society.org reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site and to make any other changes to this site at any time without notice.    

THE INFORMATION OBTAINED BY YOU FROM OR THROUGH THE SITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). PHOENIX-SOCIETY.ORG HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PHOENIX-SOCIETY.ORG IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PHOENIX-SOCIETY.ORG AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHOENIX-SOCIETY.ORG THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE MAXIMUM LIABILITY OF PHOENIX-SOCIETY.ORG TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION PROVIDED TO YOU BY PHOENIX-SOCIETY.ORG. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU AGREE THAT PHOENIX-SOCIETY.ORG AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PHOENIX-SOCIETY.ORG OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PHOENIX-SOCIETY.ORG OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

General

This Agreement constitutes the entire agreement between the Phoenix-Society.org and you with respect to this website, and it supersedes all prior or contemporaneous communications. The “terms of use” contained in this Agreement are governed by and shall be construed in accordance with the laws of the State of Michigan, USA, without reference to its conflict-of-law provision. You agree to submit to the personal and exclusive jurisdiction for any claims arising under this Agreement of the state and/or federal courts within Kent County, Michigan. Phoenix-Society.org makes no representation that the materials are appropriate or available for use outside of the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of any other term of this Agreement. If you violate any of the terms of use stated in this Agreement, you shall be responsible for any and all damages incurred by Phoenix-Society.org as a result of that violation, including reasonable attorney fees. Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.

Modifications to Agreement

We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Phoneix-Socieity.org does not and will not assume any obligation to notify you of changes to this Agreement.

Electronic Communications and Electronic Signatures

You agree to be bound by any affirmation, assent or agreement you transmit through this website. Your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Thank you for using Phoenix-Society.org. If you have questions, concerns or suggestions regarding the Online Community, Ground Rules, Terms of Use, or Privacy Policy please Contact Us.