Terms of Use - National Multiple Sclerosis Society

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Terms of Use

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Terms of Use

Last updated as of April 11, 2014

The National MS Society (“Society”) makes available several websites and mobile applications (“Online Platforms” or “Online Platform”).  These Online Platforms are provided at no charge on the express condition that users agree to be bound by these terms and conditions. PLEASE READ THIS LEGAL NOTICE CAREFULLY.  This Terms of Use and the “Privacy Policy”, together with any documents expressly incorporated by reference (collectively, the “TOU”), govern your use of the Online Platforms. 

The words "you," “your” and "user" as used herein refer to all individuals and/or entities accessing or using the Online Platforms for any reason, whether as a guest or a registered user.  By using the Online Platforms or by clicking to accept or agree to the TOU when this option is made available to you, you accept, without limitation or qualification, and agree to be bound by these TOU.  IF YOU DO NOT AGREE WITH THIS LEGAL NOTICE, OR ANY POSTED GUIDELINES OR RULES, DO NOT USE ANY ONLINE PLATFORM.

Changes to the Terms of Use. We reserve the right to change this TOU by posting new terms on the Online Platforms.  All such changes will be effective immediately upon posting.  Your use of the Online Platforms will constitute your binding acceptance of these TOU, as amended from time to time.

Medical Information.  The Society is proud to be a source of information about MS. The Online Platforms provide educational and general information on the express condition that you agree to be bound by these TOU.  Although our comments are based on professional advice, published experience and expert opinion, such information does not represent therapeutic recommendation or prescription and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You understand the Online Platforms are not constantly monitored and if you are in need of immediate medical attention you should call 9-1-1 without delay. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment. 

Not-for-Profit Status.  The National Multiple Sclerosis Society is a Not-for-Profit organization.  A copy of the latest annual report can be obtained from the National Multiple Sclerosis Society by clicking here or from the Office of the Attorney General by writing the Charities Bureau, 120 Broadway, New York, NY 10271.  You can contact us via e-mail or by phone at 212-986-3240.

Third-Party Websites.  The Online Platforms may contain links to websites and applications that are unrelated to us and are owned and operated by third parties (the “third-party sites”).  The Society does not make any representations or warranties about any third-party sites you may access through an Online Platform.  These links are provided solely as a convenience to you and do not constitute an endorsement or affiliation by the Society.  The Society is not responsible for the contents of, or any products or services offered on, any third-party sites.  You need to make your own independent decisions regarding your use of any third-party website.

Accessing the Online Platforms and Account Security.  The Society reserves the right to withdraw or amend the Online Platforms without notice.  We will not be liable if for any reason all or any part of the Online Platforms are unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Online Platforms, or all of the Online Platform, to users, including registered users.

To access the Online Platforms or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of any of the Online Platforms that all the information you provide on the Online Platforms is correct, current and complete.  You agree that all information you provide to register with any Online Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are responsible for the security of your own password and account and should use caution when accessing your account.  Please notify us if there is any unauthorized access to your account and contact us if you need your password reset.

Monitoring and Termination of Users.  You acknowledge and agree that we may monitor user activities and information and your conduct on the Online Platforms and, in our sole discretion, terminate a user account, access and/or remove content for any reason. 

Anything You Post on the Online Platforms is Public.  Carefully consider what you post to the Online Platforms and make available to other users.  Information you post to the Online Platforms may be publicly available and you agree that you will not post or otherwise provide any information that you would not want to be publicly available. 

Acceptable Use Policy.  You agree you will not:
i.  upload, post, email or otherwise transmit or link to any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, fraudulent, pornographic, profane, offensive, or racially, ethnically or otherwise objectionable, or may expose the Society or its users to any harm or liability of any type;

ii.  intimidate or harass another through either affirmative or passive means (each user is solely responsible for his or her interactions with other users);

iii.  post photographs or videos of or with someone else unless you have their explicit permission;

iv.  post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity or post topics with the sole purpose of starting a dispute;

v.  disclose personal information about another person or harass, stalk, abuse, or post irrelevant or objectionable material;

vi.  attempt to communicate with users who have expressed the desire that you not communicate with them;

vii.  upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

viii.  upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;

ix.  upload, post, email or otherwise transmit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation except as specifically allowed by the TOU (posting the same note more than once can be considered "spam" or "spamming");

x.  harvest or collect email addresses or other contact information of other users from the Online Platforms by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

xi.  upload, post, email or otherwise transmit any material that contains software viruses, worms, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

xii.  interfere with or disrupt the Online Platforms or servers or networks connected to the Online Platforms, or disobey any requirements, procedures, policies or regulations of networks connected to the Online Platforms;

xiii.  intentionally or unintentionally violate, or encourage the violation of, any applicable local, state, national or international law; or

xiv.  promote or sell vitamins, medications, health care products or services.

Children’s Privacy.  This Website is not directed at children who are under 13 years of age. It is our policy to require that individuals requesting information on this Website be 13 years of age or older. Should we receive Personal Information from a person who we know is under 13, we will automatically delete such information from our database. The information will not be used for any purpose.

User Interactions.  We are not responsible for any disputes or disagreements between you and any user you interact with using the Online Platforms.  You assume all risk associated with dealing with other users, including advice, medical or otherwise, that other users may share with you.  You agree to resolve disputes directly with the other user.  You release the Society of all claims, demands, and damages arising from disputes among users of the Online Platforms.  You also agree not to involve us in such disputes.  

Electronic Communication.  By using the Online Platforms, providing personal information through registration on your profile page, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Online Platforms.  If we learn of a security system’s breach, you consent that we may attempt to notify you electronically by posting a notice on or through the Online Platforms or sending an email to you. 

Mobile Messaging Terms.  When you provide us with your mobile phone number, you are expressly agreeing that the Society may send you text messages (including SMS and MMS) to that phone number.  The Society will send you up to 15 messages per month.  Message and data rates may apply.  At any time, reply STOP to a message to opt-out. You agree to receive a final text message confirming your opt-out. You may opt-out at any time by texting the word STOP to 68686.

Authorization of Use and General Prohibited Uses.  We authorize you to view and download a single copy of content on the Online Platforms, including content from any source solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in the TOU.  You must maintain all copyright and other proprietary notices contained in the Material.

The Online Platforms shall not be used by any person to post, transmit, display, publish, distribute or otherwise exploit content or other materials that i. violates the TOU; ii. infringes upon the intellectual property rights of others or violates other personal rights of others; iii. is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; or iv. violates applicable laws, rules and regulations. You agree that you will not use any robot, spider or other automated device, process, or means to access the Online Platforms, nor will you disrupt or interfere with any material or another’s use of the Online Platforms.

You Give the Society a License to Your Content.  By creating, posting, or sharing your user content on or through the Online Platforms, and subject to the Society’s Privacy Policy, you grant the Society a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit your user content for any purpose without compensation to you, including for the purpose of promoting the Society and its services.  You waive any rights you may have regarding your content being altered or manipulated in any way that may be objectionable to you.  This license does not apply to information we agree to maintain as private pursuant to our Privacy Policy.  You also hereby grant each user of the Online Platforms a non-exclusive license to access your content through the Online Platforms.  You also acknowledge that the Society may use anonymized and aggregated data about Online Platform users.  You agree that you will not obtain, as a result of your use of the Online Platforms, any right, title, or interest in or to such content. You represent and warrant that you own, control or otherwise have sufficient rights to the content posted or provided by you on or through the Online Platforms and that your posting does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or other intellectual property rights of others.

Copyright and Other Restrictions On Use of the Online Platforms and Prohibition Against Copying.  The contents of the Online Platforms, from any source (the "Material"), are protected by copyright and trademark under both United States and foreign laws.  Unauthorized use of the Material may violate copyright, trademark, and other laws.

If you believe in good faith that any Material on the Website infringes your copyright, you (or your agent) may send the Society’s Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") a written notice requesting that the Society remove or block access to the infringing material. Your notice to the Society must include the following information:

(1) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(2) identification of the copyrighted work or other intellectual property that you claim has been infringed upon;

(3) a description of where the material that you claim is infringing is located on the Website with sufficient detail (including applicable URL if possible) that the Society may find it on the Website;

(4) your address, telephone number, and e-mail address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

(6) information, if possible, sufficient to permit the Society to notify the owner/administrator of the allegedly infringing content; and

(7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the "DMCA") permits you to send the Society a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Agent.

Agent contact information:  Eric Hilty, 900 S. Broadway, Second Floor, Denver, CO 80209.  Telephone: 303-698-6100.  E-mail:  eric.hilty@nmss.org.

The Society will terminate, in appropriate circumstances, subscribers and account holders of the Society’s Online Platforms who are repeat infringers of others’ intellectual property rights.  The Society accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works.

Governing Law and Jurisdiction.  All disputes or claims arising from the use of Online Platforms and the TOU, shall be governed by New York law.  You and the Society agree to submit to arbitration of any disputes relating to your use of the Online Platforms under the rules of the American Arbitration Association.  Any arbitration shall be conducted in New York, New York.  You covenant not to sue the Society in any other forum. 

You also acknowledge with respect to any dispute with the  Society arising out of or relating to your use of the Online Platforms or the TOU, you are giving up your right to have a trial by jury, and you are waiving your right to serve as a representative, or to participate as a member of a class of claimants against the Society.

Any cause of action or claim you may have arising out of or relating to the TOU or the Online Platforms must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred. 

Disclaimer of Warranties.  THE ONLINE PLATFORMS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE SOCIETY NOR ANY PERSON ASSOCIATED WITH THE SOCIETY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY OF THE ONLINE PLATFORMS.  THE SOCIETY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

We do not warrant that files available for downloading from the Online Platform will be free of viruses or other destructive code. 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, OR OTHER PROPRIETARY MATERIAL.

Limitation on Liability.  IN NO EVENT WILL THE SOCIETY, ITS CHAPTERS, AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ONLINE PLATFORMS.

TO THE EXTENT ANY LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TOU OR YOUR USE OF MATERIAL, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED $100.

Indemnification.  You agree to defend, indemnify and hold harmless the Society, it chapters, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the TOU or your use of the Online Platforms.

Waiver and Severability.  No waiver by the Society of any term or condition in the TOU shall be deemed a continuing waiver, and shall not prevent the Society from asserting any right under the TOU.

If any provision of these TOU is held by a court or other tribunal to be invalid, illegal or unenforceable, the remaining provisions of the TOU will continue in full force and effect.

Geographic Restrictions.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Linking to the Online Platforms.  You may link to our Online Platforms, provided you do so in a way that does not suggest any form of association, approval or endorsement on our part. 

Entire Agreement.  The TOU and our Privacy Policy constitute the sole and entire agreement between you and the Society with respect to the Online Platforms.
 

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