1. ELIGIBLE USERS
This Site is further intended for use only by individuals who access the Site from within the United States of America.
2. PERMISSIBLE USE
The purpose of the Site is to provide information, support and resources to individuals living with arthritis or related medical conditions, their families and friends, and others interested in our cause. We hope you find the Site informative and engaging. You may use the Site for personal, non-commercial purposes only.
There are some ground rules for your access to and use of the Site which we feel are important to protect our rights and to establish and maintain a positive and productive environment for our users. As a result, the following restrictions apply to your access and use:
(a) No Illegal, Harmful, or Offensive Use or User Content. You may not use, or encourage, promote, facilitate or instruct others to use, the Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available User Content (which we define in Section 6 below) that is illegal, harmful, inaccurate, fraudulent, infringing or offensive. Prohibited activities and User Content include:
- Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including: (i) impersonating or otherwise misrepresenting affiliation, connection or association with, any person or entity, or (ii) offering or disseminating fraudulent goods, services, communications, schemes, or promotions, such as make-money-fast schemes, ponzi or pyramid schemes, phishing, or pharming.
- Infringing User Content. User Content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Offensive User Content. User Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
- Harassment. “Stalking” or otherwise harassing any person, or contacting any person who has requested not to be contacted.
- Harmful User Content. User Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
- Content Scraping or Harvesting. Harvesting or otherwise collecting information about Arthritis Foundation users, including email addresses and phone numbers, or using or attempting to use any automated engine, software, tool, agent, or other device or mechanism (including bots) to harvest, scrape, or extract or otherwise collect Content (which we define in Section 8 below) from the Site.
(b) No Security Violations. You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
- Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception. Monitoring of data or traffic on a System without permission.
- Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
- Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
(c) No E-Mail or Other Message Abuse. You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”) through the Site or to other users identified through access to the Site, including commercial advertising and informational announcements.
3. NO PRACTICE OF MEDICINE OR MEDICAL ADVICE
The Arthritis Foundation is not engaged in the practice of medicine and does not provide medical advice or services through the Site or otherwise. The Site is not a substitute for the advice of a medical professional, and the information made available on or through the Site should not be relied upon when making medical decisions, or to diagnose or treat any medical condition. We encourage you to consult with a medical professional concerning any medical or health-related questions you may have. You should never disregard medical advice, delay visiting a medical professional, or deviate from a treatment plan prescribed or recommended to you by your medical professional because of something you have read on the Site. You agree that we have no responsibility to provide medical advice or to take any medically related action in response to any information you provide on the Site.
The Arthritis Foundation does not make, and should not be deemed to make, recommendations for a specific health care provider or treatment, and does not provide any guarantees for the outcome of any treatment you may receive. The Arthritis Foundation does not endorse any products, treatments or clinical trials or studies that may appear on the Site or on any third-party sites. The acceptance of advertising on Arthritis Foundation websites does not constitute or imply an endorsement of any advertised product, treatment or clinical trial. The Arthritis Foundation accepts no responsibility for any claims made in any advertisement and cannot guarantee the accuracy of the information about any product, treatment or clinical trial describe on the Site.
4. RESPONSIBILITY FOR ACCESS CREDENTIALS
The Site may require the use of a user name, password or other access credentials to register or otherwise to access and use certain Site features or tools. You are responsible for maintaining the confidentiality of your access credentials and for any use of the Site by any users using your access credentials. You agree to notify the Arthritis Foundation immediately of any unauthorized use of your account, user name, or password.
5. INTERACTIVE FEATURES OF www.arthritis.org
Certain features or tools on the Site will enable you to interact and communicate with other members and users of the Site. Please use reasonable precautions when using any interactive feature or tool and before you share any information with any other members or users of the Site. The Arthritis Foundation assumes no liability for the acts, omissions or communications of any members or users of the Site.
All communications through the Site with third parties are public. You understand and agree that we may monitor, intercept, store, use, analyze, and review the contents of any communications you submit through the Site for any purpose and disclose the contents of such communications to law enforcement or others.
6. USER CONTENT
The Site may offer you opportunities to upload, post or enter information, images, communications or other content or provide feedback regarding the Site or our services (“User Content”). When users upload, post or enter User Content, it is important that we have the ability to use that User Content to operate and improve the Site, offer services through the Site, comply with law, protect our interests and the interests of our other members, and for other purposes in our sole discretion. As a result you acknowledge and agree that (a) such User Content will not be considered confidential or proprietary to you, (b) the Arthritis Foundation is under no obligation to keep such User Content confidential, and (c) subject to our Privacy Notice [INSERT LINK], the Arthritis Foundation has and will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such User Content in any manner it chooses. We reserve the right, but do not have an obligation, to access, monitor, inspect, modify, or remove User Content in our sole discretion. We may also share User Content with law enforcement or other third parties if we feel appropriate for legal compliance or other purposes.
You agree that you have the necessary rights and licenses to upload or post the User Content to or enter the User Content on the Site, and that you will not to upload, post or enter any User Content to the Site in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
7. THIRD-PARTY CONTENT AND LINKS TO THIRD PARTY SITES
8. LICENSE AND OWNERSHIP
The Arthritis Foundation grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site and the Content only in the manner expressly permitted by the Arthritis Foundation. Except for this limited license, the Arthritis Foundation does not convey any interest in or to the Site, Content, or any other the Arthritis Foundation property by permitting you to access the Site. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Arthritis Foundation. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by the Arthritis Foundation. Except as expressly provided herein, the Arthritis Foundation does not grant to you any express or implied rights to the Arthritis Foundation's or any third party's intellectual property.
We may change or remove Content, features or functions of the Site at any time in our sole discretion without obligation or liability to you.
9. CLAIMS OF COPYRIGHT INFRINGEMENT
The Arthritis Foundation respects the copyrights of others and does not knowingly infringe upon these rights. If you believe that your work has been copied and is accessible on the Site in a manner that constitutes copyright infringement, please notify us by written notice as provided below. Your notice must include the information listed in the Digital Millennium Copyright Act, 17 U.S.C. § 512. We will process and respond to your notice as required by law.
Attn: Copyright Agent
Arthritis Foundation Inc.
1355 Peachtree St NE, 6th Floor
Atlanta, GA 30309 firstname.lastname@example.org.
10. DISCLAIMERS; LIMITATION OF LIABILITY
(a) No Warranties
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THESE DISCLAIMERS AND EXCLUSIONS ARE FAIR AND REASONABLE.
(b) Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT THE ARTHRITIS FOUNDATION IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, THE ARTHRITIS FOUNDATION IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ARTHRITIS FOUNDATION, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT A SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ARTHRITIS FOUNDATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF ARTHRITIS FOUNDATION AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE $50.00. YOU AGREE THAT THESE LIMITATIONS OF LIABILITY ARE FAIR AND REASONABLE, REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ARTHRITIS FOUNDATION AND YOU. THE SITE AND CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
11. INDEMNIFICATION FOR CLAIMS AGAINST THE ARTHRITIS FOUNDATION
12. EXPORT CONTROL
The Arthritis Foundation and the Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the Content (including any software), you represent that you are not in a country where such export is prohibited and are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software).
13. GOVERNING LAW; EXCLUSIVE JURISDICTION; LIMITATION ON CLAIMS
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY CLAIM, DISPUTE, CAUSE OF ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA. YOU EXPRESSLY WAIVE AND AGREE NOT TO ASSERT ANY DEFENSE OR OBJECTION OF LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS IN ANY SUCH CLAIM, DISPUTE OR PROCEEDING BROUGHT IN OR TRANSFERRED TO ANY SUCH COURT.
YOU MUST BRING ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE CONTENT WITHIN ONE (1) YEAR AFTER SUCH CLAIM, DEMAND, SUIT OR CAUSE OF ACTION AROSE. ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION THAT YOU DO NOT BRING WITHIN SUCH TIME PERIOD WILL BE DEEMED WAIVED AND WILL BE FOREVER BARRED.
(a) Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between you and Arthritis Foundation arising out of or relating to this Agreement, shall be decided by neutral, binding arbitration before a representative in Atlanta, GA (unless you and Arthritis Foundation mutually agree to a different arbitrator), who shall render an award in accordance with the substantive laws of Georgia. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgement. The arbitrator shall award costs (including, without limitation, arbitration fees, and reasonable attorney’s fees) to the prevailing party.
(b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude you or Arthritis Foundation from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Arthritis Foundation from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN ATLANTA, GEORGIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
If Arthritis Foundation, in Arthritis Foundation’s discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Arthritis Foundation will be entitled to recover from you as part of such legal action, and you agree to pay, Arthritis Foundation’s reasonable costs and attorneys’ fees incurred as a result of such legal action.
16. PERSONAL INFORMATION AND PRIVACY
The Arthritis Foundation Privacy Notice provides information about the Arthritis Foundation’s practices with respect to the collection, use and sharing of personal information. For questions about the Arthritis Foundation’s privacy practices, please see the Privacy Notice [INSERT LINK].
Revised July 30, 2019