BCAC TERMS AND CONDITIONS OF USE

Please read these terms and conditions of use (the Terms and Conditions”) carefully before using this site. The websites, including but not limited to https://blackcoalitionagainstcovid.org, and our mobile application (collectively, the “Website or “BCAC Website”), is owned by Black Coalition Against COVID-19 (“BCAC,” “we,” “us,” “our”). BCAC and its affiliates provide the Website to you (the “user”, “you”, and “your”, as applicable) for your personal use only and subject to your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions are effective as of December 21, 2021.

This version of these Terms and Conditions replaces and supersedes any prior terms of use applicable to the Website. Black Coalition Against COVID-19 may revise and update these Terms and Conditions at any time. Your continued use of the BCAC Website will mean you accept those changes. You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Website.

I. Binding Effect

a. These Terms and Conditions constitute a legally binding agreement between you and BCAC. By using the Website, you: (1) acknowledge that you have read and understood these Terms and Conditions; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement, or, if you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Website; and (3) accept these Terms and Conditions and agree that you are legally bound by them. Your use of the Website manifests your assent to be bound by these Terms and Conditions each time you access the Website. If you do not agree to any of these Terms and Conditions, we recommend you do not use or access the Website.

II. The Website Does Not Provide Medical Advice:

a. The contents of the BCAC Website, such as text, graphics, images, and other materials created by BCAC or obtained from BCAC licensors, and other materials contained on the BCAC Website (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the BCAC Website.

b. BCAC does not represent or warrant that any of its authors of its content are licensed professionals in any jurisdiction, have completed any particular training or educational program, have met any recognized quality requirements, or hold any verification or certification. Reliance on any information provided by BCAC, BCAC employees, others appearing on the Website at the invitation of BCAC, or other visitors to the Website is solely at your own risk.

c. If you believe you may have a medical emergency, call your doctor or 911 immediately. BCAC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. 

III. Limited License and Use of the Content

a. The use of and reliance upon the BCAC Website and the Content is at your own risk. 

 

b. When using the BCAC Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of BCAC and its suppliers. Accordingly, BCAC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the BCAC Website. 

c. The BCAC Website and the Content are provided on an “as is” basis for informational purposes only and for your convenience. BCAC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, BCAC, its licensors, and its suppliers make no representation or warranties about the following:

i. the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the BCAC Website or BCAC; 

ii. the delivery of the Website and its Contents in a continuous, uninterrupted, error-free, or virus-free manner; or

iii. the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the BCAC Website. 

d. In no event shall BCAC, its licensors, its suppliers, or any third parties mentioned on the BCAC Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the BCAC Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not BCAC, its licensors, its suppliers, or any third parties mentioned on the BCAC Website are advised of the possibility of such damages. Without limiting the foregoing, BCAC will not be liable for any damage to your computer, telecommunication equipment, or other property cause by or arising from your accessing or use of, or inability to use, the Website, or from your downloading any Content from the Website. BCAC, its licensors, its suppliers, or any third parties mentioned on the BCAC Website shall be liable only to the extent of actual damages incurred by you, not to exceed $1000 United States Dollars (“USD”). BCAC, its licensors, its suppliers, or any third parties mentioned on the BCAC Website are not liable for any personal injury, including death, caused by your use or misuse of the Website, Content, or Public Areas (defined below). Any claims arising in connection with your use of the Website, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for these Terms and Conditions.

e. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. 

IV. Liability of BCAC and Its Licensors

 

a. The use of and reliance upon the BCAC Website and the Content is at your own risk.


b. When using the BCAC Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of BCAC and its suppliers. Accordingly, BCAC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the BCAC Website.


c. The BCAC Website and the Content are provided on an “as is” basis for informational purposes only and for your convenience. BCAC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, BCAC, its licensors, and its suppliers make no representation or warranties about the following:

i. the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the BCAC Website or BCAC;

ii. the delivery of the Website and its Contents in a continuous, uninterrupted, error-free, or virus-free manner; or

 

iii. the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the BCAC Website.

D. IN NO EVENT SHALL BCAC, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE BCAC WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE BCAC WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BCAC, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE BCAC WEBSITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, BCAC WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSE BY OR ARISING FROM YOUR ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE, OR FROM YOUR DOWNLOADING ANY CONTENT FROM THE WEBSITE. BCAC, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE BCAC WEBSITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $1000 UNITED STATES DOLLARS (“USD”). BCAC, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE BCAC WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE, CONTENT, OR PUBLIC AREAS (DEFINED BELOW). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY CONTENT, OR THE PUBLIC AREAS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR THESE TERMS AND CONDITIONS.


E. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

V. User Content and Submissions

a. The personal information you submit to BCAC is governed by the BCAC Privacy Policy. To the extent there is an inconsistency between this Agreement and the BCAC Privacy Policy, this Agreement shall govern.

b. The Website contains functionality and interactive areas, including but not limited to blogs (collectively “Public Areas”) that allow users to post or upload content and other information, including comments, questions, reviews and other materials (the “User Content”). Users may also upload User Content via our official brand presence on social media platforms and branded hashtags and tags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively “Social Media Platforms”). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable policies. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that BCAC is not responsible for the operation, terms of use or polices of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy. 

c. If you make any submission or post User Content to the Public Area or Social Media Platform, you agree that you will not send or transmit to BCAC by email, (including through the email addresses listed on the “Contact Us” page, if any) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to BCAC by email, you agree such submission is non-confidential for all purposes. 

d. If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to BCAC by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted BCAC a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicense right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter develop. BCAC may sublicense its rights through multiple tiers of sublicense. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or the BCAC by email.

VI. User Content Guidelines

a. If you use, or post User Content on, a Public Area such as blogs, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communication found in the Public Areas or on the social Media Platforms. BCAC and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. 

b. In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

i. Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;

ii. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; 

iii. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, embarrassing to any other person or entity as determined by BCAC in its sole discretion; 

iv. Posting advertisements or solicitations of business; 

v. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

vi. Posting chain letters or pyramid schemes; 

vii. Impersonating another person; 

viii. Distributing viruses or other harmful computer code; 

ix. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; 

x. Allowing any other person or entity to use your identification for posting or viewing comments;

xi. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Website, or which, in the judgment of BCAC, exposes BCAC or any of its customers or suppliers to any liability or detriment of any type. 

c. BCAC or its licensors have no liability or responsibility to users of the BCAC Website or any other person or entity for performance or nonperformance of the aforementioned activities. 

d. BCAC has no obligation to review, monitor, delete, or edit the Website, including User Content. However, you acknowledge and agree that BCAC has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that BCAC may access, preserve, and disclose any inappropriate conduct and any Content you submit 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 and Conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BCAC, its affiliates, personnel, other users, and the public.

VII. Correction of Errors and Inaccuracies

 

a. The information on the Website may contain typographical errors or inaccuracies, and may not be complete or current. BCAC therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. BCAC apologies for any inconvenience this may cause you.

VIII. Advertisements, Searches and Links to Other Sites

a. BCAC may provide links to third-party web sites. BCAC also may select certain websites as priority responses to search terms you enter and BCAC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. BCAC does not recommend and does not endorse the content on any third-party websites. BCAC is not responsible for the content of linked third-party websites, websites framed within the BCAC Website, third party websites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. BCAC does not endorse any product, service, or treatment advertised on the BCAC Website. 

b. You acknowledge, understand, and agree that BCAC shall not be 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 such other websites. BCAC shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon.

IX. Indemnity

a. You agree to defend, indemnify, and hold BCAC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Website, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

b. You agree that if you are dissatisfied with the Website or any Content offered in connection with the Website, do not agree with any part of these Terms and Conditions, or have any other dispute or claim with or against BCAC with respect to these Terms and Conditions or the Website, your sole and exclusive remedy is to discontinue using the Website.

X. General

a. Except as expressly provided in a particular “legal notice” on the BCAC Website, these Terms and Conditions, including the Privacy Policy and any other documents referenced herein, represents the entire understanding between you and BCAC regarding your relationship with BCAC and use of the BCAC Website and Content, and supersedes all other agreements, express or implied, written or oral, between you and BCAC. These Terms and Conditions shall not be modified except as provided for herein or in writing, signed by an authorized representative of BCAC. 

b. Notwithstanding any provision of these Terms and Conditions, BCAC has available all remedies at law or equity to enforce these Terms and Conditions. BCAC shall have the right to assign these Terms and Conditions and to sublicense any and all of its rights under these Terms and Conditions. 

c. You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms and Conditions reflect a fair and reasonable allocation of risk between you and BCAC, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.

d. The following provisions of these Terms and Conditions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Jurisdiction, and Complete Agreement. 

XI. Jurisdiction

a. These Terms and Conditions are governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with BCAC, or in any way relating to your use of the BCAC Website, resides in the courts of the District of Columbia and you further agree an expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia in connection with any such dispute including any claim involving BCAC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.  

b. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

c. You further agree to file any cause of action with respect to these Terms and Conditions within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.

XII. Intellectual Property Rights

a. In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), we will respond promptly to claims of copyright infringement reported to our agent designated to receive notifications of infringement claims (“Copyright Agent”).

b. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting BCAC’s Copyright Agent (identified below) and providing the following information: 

i. Identification of the copyrighted work that you believe to be infringed. Please described the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. 

ii. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. 

iii. Your name, address, telephone number and (if available) e-mail address. 

iv. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. 

v. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

vi. A signature or the electronic equivalent from the copyright holder or authorized representative. 


c. BCAC’s agent for copyright issues relating to this Website is as follows:

Black Coalition Against COVID-19 

Attn: Attn: Reed Tucker, M.D.

227 Sandy Springs Pl., D-346

Sandy Springs, GA 30328

drreed@tucksonhealthconnections.com 


d. In an effort to protect the rights of copyright owners, BCAC maintains a policy for the termination, in appropriate circumstances, and in our sole discretion, of subscribers and account holders of the Website who are repeat infringers. 


e. Additionally, in appropriate circumstances, and in our sole discretion, we may remove or disable access to material on our Website or hosted on our systems that may be infringing or the subject of infringing activity.

XIII. Notice and Takedown Procedures and Copyright Agent

 

a. In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), we will respond promptly to claims of copyright infringement reported to our agent designated to receive notifications of infringement claims (“Copyright Agent”).


b. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting BCAC’s Copyright Agent (identified below) and providing the following information:


i. Identification of the copyrighted work that you believe to be infringed. Please described the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
ii. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
iii. Your name, address, telephone number and (if available) e-mail address.
iv. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
v. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
vi. A signature or the electronic equivalent from the copyright holder or authorized representative.


c. BCAC’s agent for copyright issues relating to this Website is as follows:
Black Coalition Against COVID-19
Attn: Reed Tuckson M.D.
227 Sandy Springs PI D-346
Sandy Springs, GA 30328
drreed@tucksonhealthconnections.com

 

d. In an effort to protect the rights of copyright owners, BCAC maintains a policy for the termination, in appropriate circumstances, and in our sole discretion, of subscribers and account holders of the Website who are repeat infringers.
e. Additionally, in appropriate circumstances, and in our sole discretion, we may remove or disable access to material on our Website or hosted on our systems that may be infringing or the subject of infringing activity.

XIV. Privacy Policy

 

a. BCAC respects and is committed to the security and confidentiality of your personal information. Please review our Privacy Policy, which also governs your use of the Website, to understand BCAC’s privacy practices. By visiting or using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these Terms and Conditions. A copy of our Privacy Policy can be accessed at  PRIVACY POLICY.

XV. Changes to these Terms and Conditions

a. We reserve the right, in our sole discretion, to revise these Terms and Conditions at any time. Any changes to these Terms and Conditions will be included in a revised version accessible through the Website. Your continued use of the Website following posting of any changes to these Terms and Conditions constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms and Conditions at the start of each use of the Website. If you do not agree to these revised Terms and Conditions of Use, do not access or use the Website.

I. Notices

a. Where required, BCAC may give notice to you by a general posting in the Website, by electronic mail, or by conventional mail to your address of record. You may give notice to BCAC by electronic mail or by conventional mail to the address below. If you have any questions about these Terms and Conditions, the practices of the Website, or your dealings with BCAC, please contact us at:

Black Coalition Against COVID-19
Attn: Attn: Reed Tuckson M.D.
227 Sandy Springs PI., D-346
Sandy Springs, GA 30328
drreed@tucksonhealthconnections.com