Terms of Service and User Agreement
This World Wide Web site with its home page in the domain "arthritis.org" (the "Web Site") is a complementary information service offered by the Arthritis Foundation at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Service and User Agreement (this "Agreement").
The Arthritis Foundation reserves the right to change this Agreement at any time, and any such modification to the Agreement shall be effective immediately upon posting on the Web Site. You must consult the most recent version of this User Agreement (not an older cached version) when you view the Web Site.
Your continued access or use of the Web Site shall be deemed your conclusive acceptance of the agreement in its current form. Do not use the Web Site if you do not agree to all of the terms and conditions in this Agreement.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The material contained on the Web Site ("Content"), including text, graphics, images, and information provided by users of the Web Site ("Users") in chat rooms, message boards, personal pages or otherwise, or obtained by the Arthritis Foundation from other sources, is provided "as is" for general information only and for the purpose of educating consumers on arthritis and arthritis-related topics. The Content is not intended to be instructional for medical advice, diagnosis or treatment. The Content should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual or as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on the Web Site.
WARRANTIES AND LIABILITY OF THE ARTHRITIS FOUNDATION
The Arthritis Foundation makes no warranties of any kind regarding the Web Site, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, the server that makes them available or any files available for downloading from the Web Site, are free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties and such warranties are expressly disclaimed.
The Arthritis Foundation cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data.
You agree that you will hold harmless the Arthritis Foundation and its officers, directors, volunteers and employees from all claims arising out of or related to your access or use of, or your inability to access or use, the Web Site or the Content, or the content of other web sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Site or another web site to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. IN NO EVENT WILL THE ARTHRITIS FOUNDATION OR THE CONTRIBUTORS OF INFORMATION TO THE WEB SITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF THE ARTHRITIS FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE BASED. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE ARTHRITIS FOUNDATION, ITS OFFICERS, DIRECTORS, VOLUNTEERS AND EMPLOYEES FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEB SITE.
Unless otherwise indicated, the works of authorship contained in the Web Site, including but not limited to all design, text and images, are owned or licensed by the Arthritis Foundation, and except as provided expressly herein may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the Arthritis Foundation's prior written consent.
The entire contents of the Web Site are copyrighted as a collective work under the laws of the United States and other copyright laws. The Arthritis Foundation holds the copyright in the collective work. The collective work includes works that are the property certain third party information providers that are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download, copy or print portions of the material from the different areas of the Web Site solely for your personal, informational, internal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original material on any copy of such material. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
The mark, Arthritis Foundation and its attendant logos and taglines, are registered trademarks of the Arthritis Foundation. The marks Arthritis Foundation, Arthritis Answers, Joints in Motion, American Juvenile Arthritis Organization, Arthritis Walk, A Joint Walk, Jingle Bell Run, RAConnect, Connect and Control, Arthritis Self-Help Course and other program and event titles are common law trademarks of the Arthritis Foundation.
USER RIGHTS AND RESPONSIBILITIES
You may send and receive electronic mail ("e-mail"); engage in conferences and chats; upload and download files and content; and otherwise use the Web Site as permitted by this Agreement, the Arthritis Foundation’s/Web Site’s operating policies and applicable law. Files exchanged and public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the Arthritis Foundation. You understand that all information, data, text, photographs, messages, graphics or other materials publicly posted is the sole responsibility of the person from which such content originated.
You are responsible for your communications and your use of the Web Site. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to the Web Site with one account; (b) upload, post, e-mail, transmit or otherwise make available any message which is libelous or defamatory; (c) upload, post, e-mail, transmit or otherwise make available any message, data, image or program which is indecent, obscene or pornographic; (d) upload, post, e-mail, transmit or otherwise make available any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use the Web Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept e-mail or other private communications not intended for you; (g) send e-mail to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to sell goods or services to other Users, or use as a mass unsolicited distribution medium to communicate a generally unsolicited message, (h) send unsolicited e-mail messages through third-party mail servers in order to relay your e-mail or hide the origination of your e-mail to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or the Web Site; (l) falsify the source or origin of software or other material contained in a file that you upload; (m) use the Web Site in a manner that adversely affects the availability of its resources to other Users; (n) falsely purport to be an employee or agent of the Arthritis Foundation; (o) cause repeated disruptive incidents; or (p) act, or fail to act, in your use of the Web Site, in a manner that is contrary to any applicable law or regulation. It is not the intent of the Arthritis Foundation to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views, nonetheless, the Arthritis Foundation reserves the right to take such action as it deems appropriate in its sole discretion to prevent the use of the Web Site to disseminate statements that are deeply and widely offensive and/or potentially harmful. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
You agree to: (a) maintain all equipment required for your access to and use of the Web Site; (b) maintain the security of your user identification, password and other confidential information; and (c) be responsible for all charges resulting from use of the Web Site, including unauthorized use prior to your notifying the Arthritis Foundation of such use and taking steps to prevent its further occurrence. The Arthritis Foundation does not guarantee that the functions or services performed on the Web Site will be uninterrupted or error-free or that defects in the Web Site will be corrected. Users are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to the Web Site for the reconstruction of any lost data.
Any material, information, or other communication you transmit or post to the Web Site will be considered non-confidential and non-proprietary. The Arthritis Foundation will have no obligations with respect to such material, and may use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display such material in any media or medium, or any form, format or forum now known or hereafter developed.
Some opinions and recommendations contained in the Web Site, especially in areas such as personal pages, message boards and chat rooms ("Interactive Areas"), are not necessarily those of the Arthritis Foundation or endorsed by the Arthritis Foundation. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. The Arthritis Foundation does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Web Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
The Arthritis Foundation cannot and does not screen content provided by you or other Users to the Web Site or any Interactive Area, and is not responsible for the content of these communications and materials. Notwithstanding the foregoing, the Arthritis Foundation reserves the right to review the Web Site and material from the Web Site brought to the Arthritis Foundation’s attention and to remove content, which the Arthritis Foundation, in its sole discretion, determines to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to the Arthritis Foundation.
The Arthritis Foundation reserves the right to record the dialogue in public chat rooms. The Arthritis Foundation does not screen communications in advance and is not responsible for screening or monitoring material posted by Users or any other person or entity. If notified by a User of communication(s) which are alleged not to conform to the terms of this Agreement, the Arthritis Foundation may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). The Arthritis Foundation reserves the right to remove communications which are abusive, illegal, disruptive, profane or that otherwise fail to conform with this Agreement. In addition to the removal rights described above, the Arthritis Foundation reserves the right to terminate a User’s access to any or all Interactive Areas upon Subscriber’s breach of these Terms and Conditions. The Arthritis Foundation reserves the right (but is not obligated) to edit or delete any communication(s) posted on the Web Site, regardless of whether such communication(s) violate these standards for content.
Furthermore, the Arthritis Foundation reserves the right (but is not obligated) to monitor, edit, or disclose any type of communication(s) on the Interactive Areas for adherence to this Agreement, if required in the course of normal operation and maintenance of the Web Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of the Arthritis Foundation or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. The Arthritis Foundation HAS NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
The Arthritis Foundation may provide links on the Web Site to other Web sites that are not under the control of the Arthritis Foundation. In general, any Web site that has an address (or URL) that does not contain "arthritis.org" or "jointsinmotion.org" is such a Web site. These links are provided for convenience of reference only and are not intended as an endorsement by the Arthritis Foundation of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
The statutes and laws of the State of Georgia, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to this Agreement and use of the Web Site. You and the Arthritis Foundation also agree and hereby submit to the exclusive personal jurisdiction and venue of Fulton County, Georgia, and the United States District Court for the Northern District of Georgia with respect to such matters. The Arthritis Foundation makes no representation that materials on the Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The Arthritis Foundation may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Web Site, or by written communication delivered by first class U. S. mail to your address on record when available. You may give notice to the Arthritis Foundation at any time via electronic mail or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Interactive Communication Department
1330 West Peachtree Street, Suite 100
Atlanta, GA 30309
Electronic Mail: email@example.com
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. The failure of either party to insist upon or enforce strict performance with this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or a waiver in other instances.
Either you or the Arthritis Foundation may terminate your right to use the Web Site at any time, with or without cause, upon notice. The Arthritis Foundation also reserves the right to terminate or suspend any memberships or registrations without prior notice, but the Arthritis Foundation will confirm such termination or suspension by subsequent notice. The provisions of the above paragraphs shall survive any termination of this Agreement.