Please be advised that due to inclement weather conditions in the North Texas area, Good Days will be providing electronic assistance only at this time. We will resume normal hours of operation on Monday, February 6th, 2023 at 8:00 AM CST. We appreciate your patience and look forward to continuing to serve you.

 

Terms and Conditions

Effective Date: October 1, 2022

  1. Introduction

    These Terms of Use ("Terms of Use" or "Terms") govern your use of all websites, mobile-based applications, and social media channels operated by Chronic Disease Fund, Inc. d/b/a Good Days® and its parent, subsidiaries, and affiliated companies (collectively, "Good Days," "we," "us," or "our"), including, but not limited to, https://www.mygooddays.org/, https://chronicdiseaseday.org, and https://empoweredus.org/ (collectively, the "Sites"). These Terms of Use represent a binding contract between Good Days and you. By creating an account or otherwise accessing, viewing, or using the Sites, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms. It is your responsibility to review these Terms periodically. If at any time you find these Terms to be unacceptable, please do not use the Sites. If you have any questions about these Terms, please contact us through the methods provided in the "Contact Information" section below. If you do not agree to be bound by these Terms, you may not use the Sites.

  2. Registered Users

    Some features of the Sites may require you to register as a user, and to receive Good Days’ authorization before you can use particular features. While you may view, access, and/or use some of the functionality of the Sites without registration, specific tools and services on the Sites require registration and your submission of certain information. You agree that you will not create more than one account, or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Sites, you agree to provide true, accurate, current, and complete information as prompted by the registration form, and maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Good Days has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Good Days reserves the right to terminate your account and suspend your use of any and all of the Sites.

    You shall at all times remain responsible for maintaining the confidentiality of your account username, password, and any other security information related to your account. Good Days will not be liable for any loss that you incur as a result of someone else accessing or using your account, either with or without your knowledge.

  3. Privacy Policy

    All information we collect on the Sites, whether submitted by you or collected automatically, is subject to and governed by our Privacy Policy, the terms of which are expressly incorporated herein. By using the Sites, you consent to all actions taken by us with respect to your information in accordance with our Privacy Policy.

  4. No Medical Advice

    The information on the Sites is provided for general information purposes only and is not intended or recommended as a substitute for professional medical advice. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition or treatment. Call 911 for any medical emergency.

    Certain persons appearing in the photographs, videos, and other content posted on the Sites are models, and such content is being used for illustrative purposes only. Nothing on the Sites should be viewed as implying that the depicted person suffers from any physical or mental infirmity, ailment or condition.

  5. Geographic Restrictions

    Good Days is a charitable, non-profit corporation with a principal place of business in Frisco, Texas. Good Days makes no representation that the Sites, the content of the Sites, or the services available through the Sites are appropriate for, or accessible to, users outside of the United States, or in all locations within the United States. If you access the Sites from outside the United States, you do so on your own initiative, and are responsible for compliance with all applicable laws in the jurisdiction from which you view, access, and/or use the Sites.

    Good Days, and the Sites, are based in the United States and, regardless of where you view, access, or use the Sites, any information collected as part of that access or use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence or the location where you are viewing, accessing, or using the Sites. By accessing and/or using the Sites, you consent to the capture, collection, transfer, transmission, storage, processing, and use your information in and to the United States.

  6. Prohibited Conduct

    By using the Sites, you agree not to use the Sites in any matter that:

    • Impairs, modifies, limits, prohibits, interferes with, disrupts, damages, or breaches the functionality of, access to, or use of the Sites, services connected to the Sites, or any systems, databases, or networks that support the Sites.
    • Violates or circumvents the security or security features or functionality of the Sites.
    • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person or entity.
    • Links to materials or other content to which you do not have a right to link.
    • Violates confidentiality when communications are meant to be confidential.
    • Copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof.
    • Consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
    • Is false, inaccurate, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, profane, sexually oriented, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, as determined by Good Days in our sole discretion.
    • Accesses, or attempts to access, data, information, accounts, servers, software, hardware, files, or equipment which you are not authorized to access.
    • Violates, or encourages another party to violate, these Terms of Use or our Privacy Policy.
    • Violates, or encourages another party to violate, any applicable law, regulation, or order.
  7. User Contributions

    The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive features that allow users to post contributions ("User Contributions").  User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

    • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, inaccurate, or otherwise objectionable.
    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class.
    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person or entity.
    • Violate the legal rights (including the rights of publicity and privacy) of others.
    • Contain any material that could give rise to criminal or civil liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
    • Be likely to deceive.
    • Promote any illegal activity, or advocate, promote, or assist in any unlawful act.
    • Be likely to cause annoyance, inconvenience, duress, distress, discomfort or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
    • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    • Involve commercial activities or sales, such as contests, sweepstakes and other promotions, bartering or advertising not approved in advance in writing by Good Days.
    • Give the impression that they emanate from or are endorsed by Good Days or any other person or entity, if this is not the case.
    • Result in the unauthorized disclosure of the personal information of any other person.
    • Constitute electioneering, such as exhortations to vote for or against any candidate for public office.
       

    User Contributions available on the Sites have not necessarily been reviewed or approved by Good Days and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such contributions. Any views or opinions expressed through User Contributions belong solely to the users who shared the contributions and not to Good Days. Your reliance on any User Contributions is done entirely at your own risk. You understand and agree that Good Days is not responsible for, and shall have no liability related to, any User Contributions, including your reliance on such contributions. Further, under no circumstances shall any User Contributions be considered an endorsement of, or a referral to, any health care provider, or an endorsement of any product or service by Good Days.

  8. Monitoring and Enforcement

    Good Days has the right to:

    • Disclose your identity or other information about you to a third party who, in Good Days’ sole discretion, reasonably claims that material posted by you violates the third party’s rights, including his, her or its intellectual property rights or privacy rights.
    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites and/or the content of the Sites.
    • Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.
    • Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.
    • Remove or refuse to post any User Contribution for any or no reason in the sole discretion of Good Days.
    • Take any action with respect to any User Contribution that Good Days deems necessary or appropriate in the sole discretion of Good Days.
  9. Links and Third Party Services

    The Sites may contain links to other sites, applications, and resources provided by third parties.  You acknowledge and agree that (A) Good Days is not responsible for the availability of such external sites or resources, (B) all links and identifications are provided solely for your convenience and for other informational purposes, and (C) Good Days 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.

  10. Advertisements and Promotions

    Good Days may run advertisements and promotions from third parties on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Good Days found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Good Days is not responsible or liable for any damages or costs of any sort arising from or relating to any such dealings, or as the result of the presence of such non-Good Days advertisements or promotions on the Sites.  Advertisers on the Sites may collect information from you while you are using the Sites in accordance with the terms of our Privacy Policy.

  11. Intellectual Property Rights

    The Sites and their content, features, and functionality, including, without limitation, information, text, graphics, drawings, logos, button icons, images, videos, streaming images, audio files, streaming audio, data compilations, and the design, selection, and arrangement thereof (collectively, the "Intellectual Property"), are the exclusive property of Good Days, our licensors, and other third parties, and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

    Good Days is providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You may use the Sites for personal, non-commercial use, subject to these Terms of Use. This license is available to you provided that you are not barred from the Sites by applicable law and your access is not terminated by us. If these Terms of Use are not enforceable where you are located, you may not use the Sites. Good Days reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

    You may download information from the Sites and print out a hard copy for your personal, non-commercial use, provided that you keep intact and do not remove or alter any copyright or other notice contained thereon. Except as otherwise stated herein, you may not reproduce, modify, publicly display, publicly perform, store, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works from, any of the Intellectual Property, in whole or in part, of the Sites. Any use of the Intellectual Property not expressly permitted by these Terms of Use is a breach of these Terms and may violate copyright, trademark, and other applicable laws. Any unauthorized use of the Sites or the Intellectual Property shall automatically terminate the limited licenses set forth in these Terms of Use without prejudice to any other remedy provided by applicable law. You agree to comply with reasonable written requests from Good Days to help us protect our proprietary and intellectual property rights.

    If you wish to make any use of the Intellectual Property or any other content or material on the Sites other than as set out in these Terms of Use, please contact us through the methods provided in the "Contact Information" section below.

    We respect the intellectual property rights of others, and request that you do the same. Accordingly, we have adopted a policy to respond to notices of claimed infringement and terminate, in appropriate circumstances, the accounts of users who are repeat copyright infringers. If you believe that your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, please contact us through the methods provided in the "Contact Information" section below.

    In your notice, please provide the following information:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
    • A description of the copyrighted work that you claim has been infringed.
    • A description of where the material that you claim is infringing is located on the Sites, including but not limited to the URL.
    • Your address, telephone number, and email address.
    • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright 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 copyright owner or authorized to act on the copyright owner’s behalf.
  12. Disclaimer of Warranties

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY SITES IS AT YOUR SOLE RISK. THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY SITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO: (A) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (B) RESULTS TO BE DERIVED FROM THE USE OF THE SITES; (C) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING, OR TIMELY; AND (D) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITES, CONTENT, AND THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT, OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

    REFERENCE TO ANY PRODUCT OR SERVICE OF ANY THIRD PARTY DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY GOOD DAYS. THE VIEWS AND OPINIONS OF USERS OF THE SITES DO NOT NECESSARILY STATE OR REFLECT THE VIEWS AND OPINIONS OF GOOD DAYS.

  13. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, GOOD DAYS AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS, AND OTHER REPRESENTATIVES, (ALL OF THE FOREGOING BEING COLLECTIVELY, "GOOD DAYS PARTIES"), DISCLAIM AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) ("DAMAGES") ARISING OUT OF OR IN CONNECTION WITH THE SITES, OR THE CONTENT OF THE SITES, EVEN IF GOOD DAYS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITES; ANY WEBSITE, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES; ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO SUCH CONTENT; OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR THROUGH SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES ; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SITES; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

  14. Indemnification

    You agree to defend, indemnify, and hold harmless the Good Days Parties from and against any and all Damages arising from, incurred as a result of, or in any manner related to (A) your User Contributions or other content posted by you; (B) your use of or connection to the Sites (including any use by you on behalf of your employer and any use by third parties under your accounts); (C) your use of Site content; and/or (D) your violation of these Terms of Use. Good Days may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect Good Days’ rights or obligations shall be made without Good Days’ prior written approval. Good Days reserves the right, at Good Days’ own expense and on notice to you, to assume exclusive defense and control of any such claim or action, in such case your corresponding indemnification obligation will end.

  15. Modification and Termination

    Good Days reserves the right to modify these Terms of Use at any time. When we do so, we will update the "Effective Date" above. By continuing to use the Sites, or any portion thereof, after we post any such changes, you accept these Terms of Use as modified.

    Good Days reserves the right at any time, in its sole discretion, to modify, suspend, withdraw, or terminate the Sites or any services provided through the Sites (or any part thereof), and/or your use of, or access to, the Sites, with or without notice.  Good Days may also delete, restrict, or prohibit your access to, and/or use of, the Sites, in whole or in part, including if you are a registered user. Good Days will not be liable to you or any third party if, for any reason, all or any part of the Sites are unavailable at any time or for any period of time. Good Days will not be liable for any modification, suspension, withdrawal, or termination of the services or content provided through the Sites, or for the loss of any related information.

  16. Contact Information

    If you have any questions, comments, or concerns about these Terms of Use, please contact us at Good Days, 2611 Internet Blvd, Suite 105, Frisco, TX 75034; via telephone at (972) 608-7141; or via email at admin@mygooddays.org.

  17. General Terms

    • Entire Agreement. These Terms of Use and any documents expressly incorporated herein constitute the entire agreement between you and Good Days relating to their subject matter, and cancel and supersede any prior versions of these Terms of Use and any other prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites. No modification to these Terms of Use will be binding on Good Days, unless in writing and signed by an authorized Good Days representative or posted by Good Days to the Sites. You may not assign, sublicense, delegate, or otherwise transfer these Terms of Use or any right granted hereunder.
    • Survival. Rights and obligations under these Terms of Use which by their nature should survive will remain in full effect after termination or expiration of these Terms of Use.
    • Equitable Relief. You agree that any material breach of these Terms of Use will result in irreparable harm to Good Days for which Damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Good Days will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Good Days seeks such an injunction.
    • No Waiver. No waiver by Good Days or failure to exercise promptly any right of Good Days under these Terms of Use will create or be deemed to create a further or continuing waiver or any expectation of non-enforcement.
    • Severability. If any provision of these Terms of Use is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminated or limited to the minimum extent necessary, and the other provisions of these Terms of Use will remain in full force and effect.
    • Choice of Law and Forum Selection. These Terms of Use and all matters relating hereto or to the Sites shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Texas, United States, without regard to conflicts of law provisions thereof. Any disputes or controversies shall be decided by a state or federal court serving Frisco, Texas, United States. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.