Last updated as of September 2018
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.
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. The information on the Online Platforms is for informational purposes only and is not intended as a substitute for medical professional help, advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care. Nothing in the Online Platforms is intended as a recommendation or endorsement of any specific tests, products, procedures, companies, opinions, or other information that may be mentioned in the Online Platforms. Any reliance on any information provided by Online Platform personnel, others appearing on the Online Platforms at the invitation of the Online Platforms, and/or other visitors to the Online Platforms is solely at your own risk. Information on the Online Platforms is not intended to create any provider-patient relationship. 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. 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.
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, and you will be bound by those third-party policies.
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.
You are responsible for the security of your own password and account and should use caution when accessing your account. You should not share your password or account with any other person. Please notify us if there is any unauthorized access to your account and contact us if you need your password reset.
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. Specifically, if you choose to share any personal health information, or another individual’s personal health information on the Online Platforms, it will no longer be considered protected under the Health Insurance Portability and Accountability Act (“HIPAA”).
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 user 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;
xiv. provide medical advice to other users; or
xv. promote or sell vitamins, medications, health care products or services.
Children’s Privacy. By signing up to use the Online Platforms, you assert that you are 13 years of age or older. The Online Platforms are not directed at children who are under 13 years of age. It is our policy to require that individuals requesting information on the Online Platforms be 13 years of age or older. We reserve the right to terminate any user credentials of any user under 13.
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. Society Text Messaging.
You may opt-in to receive information from the Society through your mobile device. Text JOIN to 68686 to receive up to 15 text messages per month. Message and data rates may apply.
By opting in to this text messaging service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of donating, registering for events or purchasing any goods or services.
By signing up, you are confirming you are over the age of 13.
Text STOP to 68686 to stop receiving text messages from the Society (you will receive a confirmation text).
For additional information, text HELP to 68686 or contact 1-800-344-4867.
Supported carriers are:
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush.
The Society is not liable for delayed or undelivered messages.
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, as defined in the TOU.
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.
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.
Whitnie Gladden, 900 S. Broadway, Second Floor, Denver, CO 80209. Telephone: 303-698-8836. E-mail: email@example.com.
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 binding 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.
Notice to California and New Jersey Residents
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”.
IF YOU ARE ACCESSING THE SERVICE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE SERVICE PARTIES , AND THEIR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SERVICE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE SERVICE PARTIES FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF THE SERVICE PARTIES AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
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.