0089 SUS 2012 150ppi _MG_1989
0089 SUS 2012 150ppi _MG_1989

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Crosshatch-July2013

Terms of Use

Molly’s Fund Fighting Lupus Terms of Use

Last Updated: March 31, 2013

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.  These Terms of Use govern our website and any other products and services we offer.  By accessing or using this website (the “Site”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law.  If you do not agree to these Terms of Use, please do not use this Site.

No Health Advice

Any health information on the Site is solely for informational purposes.  It does not constitute medical advice and is not intended to be a substitute for proper medical care or advice provided by a physician or other licensed professional.  We assume no responsibility for any circumstances arising out of your use, misuse, interpretation or application of any information on the Site.  We make no representation as to the financial, medical or other suitability of any product or service described on this Site.  If you have a medical emergency, call 911.

 Support Groups

We want our Support Groups to be a safe space, open to all who are affected by lupus.  In order to protect the well-being of everyone involved, you agree to follow these Terms of Use. Any opinions or ideas shared in the Support Groups are not endorsed by us.  By participating in a Support Group, you recognize that we are not responsible for any User Content (defined below), information (or misinformation) or opinions on treatment or any other topic.  We do not prescreen User Content and cannot guarantee the Site will be free from User Content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution.  All participants in a Support Group, including the facilitator, are expressing opinions, ideas and other information on their own accord and not on our behalf.  We (and any chat room moderator) reserve the right, in our (their) sole discretion, to remove anyone form a Support Group who is behaving in an inappropriate manner or in violation of these Terms of Use.

User Interactions

You are responsible for your interactions with other people, whether through the Site or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, whether online or offline, and conduct any necessary investigation before meeting another person.

Do Not Share Private Information

Please do not post sensitive medical or personal information about anyone else on the Site.  Given that our Site and Support Groups are public and open communities, please be mindful about sharing any of your own sensitive medical or personal information.  We are not responsible for the information you share on our Site or in a Support Group.

Referral Network

We post information on our Site about various third-party practitioners, physicians and other services, providers, companies and products.  Our posting of referral information does not constitute an endorsement by us.  We do not prescreen anyone in our referral network, nor do we recommend any one over another.  Please conduct your own inquiry before you proceed with any person, company or product listed on our referral network.  We are not responsible for the products and services you purchase from any third party.

Site Use Restrictions

You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Use. You represent and warrant that your User Content and your activities on the Site do not and will not violate these Terms of Use or the rights of any third party, and will not infringe or misappropriate any third party’s intellectual property or publicity rights.  You also agree to the following:

1. You will use the Site Content only for your own non-commercial purposes to participate in the Site or to place an order or purchase our products.

2. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.

3. You will not modify, copy, translate, create derivative works from, broadcast, perform, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Site Content or User Content without our prior written consent, unless it is your own.

4. You will not use any data mining, robots, scraping, automated scripts or similar data gathering methods.

5. You will not take any action or use the Site in a way that violates any law, would create liability or promotes illegal activities.

6. You will not take any action on the Site designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any software or hardware, telecommunications equipment or the Site, including posting viruses, programs or other code.

7. You will not circumvent or modify any Site security technology or software.

8. You will not collect or solicit personal information from other Site users or send unsolicited communications.

9. You will not impersonate any person or entity or misrepresent yourself, your age or your affiliation with any person or entity.

10. You will not attempt to use another user’s account, username or password.

11. You will not “stalk,” intimidate, abuse, harm or harass another Site user or person.

12. You will provide complete and accurate information on the Site and keep your account information up-to-date.

 

You agree that you will not post User Content that:

1. Is illegal or promotes illegal activity, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, malicious, false, harassing, threatening, insulting, obscene, unsuitable for minors, invasive of privacy or safety or is otherwise objectionable in our sole discretion

2. Violates or infringes anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets.

3. Violates or infringes anyone’s privacy or publicity rights, such as posting images of someone without their permission.

4. Is private (including health-related) information of anyone else, without their consent

5. Falsely implies that we sponsor, endorse or are otherwise affiliated with you or your User Content

 

Intellectual Property

All intellectual property and content on the Site (except for User Content, defined below) is owned by Molly’s Fund Fighting Lupus or its licensors.  This includes materials protected by copyright, trademark, or patent laws. All trademarks, logos, service marks and trade names (e.g. MOLLY’S FUND FIGHTING LUPUS) are owned, registered and/or licensed by Molly’s Fund Fighting Lupus. Content on the Site (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Site Content”) is protected under copyright laws and other laws protecting online information.  Site Content is the property of Molly’s Fund Fighting Lupus, all rights reserved. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

User Content

“User Content” is data, code, files, videos, photos, messages, comments, information, materials, links, designs, graphics, and any other content that you and/or other Site users post or upload on or through the Site, except to the extent that the content is owned by us. You represent and warrant that you own or control all rights in any User Content that you post to the Site.

Our Rights to Your User Content

Your User Content is not confidential or proprietary. We have no obligation to backup or maintain your User Content and you should take appropriate steps to maintain your User Content.  You grant, and warrant that you have the right to grant, to us an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual right to use your User Content in any manner or media now or later developed, for all purposes, including the right to reproduce, distribute, transmit, perform, display, create derivative works from, translate, modify and assign without any additional compensation due to you.  If you do not want to grant this license, do not post User Content. You retain all other rights in your User Content not granted in these Terms of Use.

Copyright Notice and Takedown

If you are a copyright owner and you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.  Contact our copyright compliance officer at:

info@mollysfund.org

Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.

Eligibility

To become a member of the Site, or post User Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms used in conjunction with the Site. This Site is intended solely for users who are 13 years of age or older and it is a violation of these Terms of Use for anyone under 13 to use the Site. You represent and warrant that you are 13 or older. If you are between 13 and 18 years old, you must obtain your parent/guardian’s permission to use the Site and post User Content.

Sales Policy

Product Orders: All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that we later cancel, we will issue you a refund.
Electronic Payment Vendors: Some payments may be processed through electronic payment vendors.  Your relationship with any electronic payment vendor is separate from your relationship with us and is governed by the terms and conditions contained in the vendor’s agreement and posted on their website.
Returns and Refunds: All sales are final and we do not accept returns.  If, however, you have a problem or are unsatisfied with your order in any way, please contact us by filing a support request here: info@mollysfund.org.  You may also call our support line at (503) 775-3497.
Shipping: Currently, we ship anywhere in the United States where USPS will ship.  Products usually ship within 2-3 weeks after we receive your order.

Links

The Site may contain links to websites, applications or other products or services operated by other companies (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which have separate terms of use and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Site.  You agree to our use of your personal information and content in accordance with our Privacy Policy.

Warranty Disclaimer

The Site, User Content, Site Content, and the materials and products sold on or through this Site are provided “AS IS”, “AS AVAILABLE” and without warranties of any kind.  You use the Site at your own sole risk.  With respect to the Site, User Content, Site Content, and products sold on or through this Site, to the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, or (iii) the results obtained from the use of the Site will be accurate or reliable.  To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the materials or Site Content or User Content or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you download or otherwise obtain Site Content and User Content at your own risk, and that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all Site Content, User Content and other items used or contained in the Site at any time without notice. No advice or information, whether oral or written, obtained by you from us or through the Site will create any warranty not expressly stated herein.

Limitation of Liability

To the maximum extent permitted by applicable law, Molly’s Fund Fighting Lupus shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use or the inability to use the Site; (ii) the Site Content, User Content or the conduct of other Site users or third parties; (iii) the performance of the products or services purchased through the Site; (iv) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from the Site; (v) unauthorized access to or alteration of your data or User Content; (vi) termination or downgrading of your account or (vii) any other matter relating to the Site or any of our other products or services.  Our maximum cumulative liability and your exclusive remedy for any claim arising out of or relating to the Terms of Use, use of the Site, Site Content or User Content is to stop using the Site.  Our liability shall never exceed the amounts paid to us by you for our products or services. Applicable law may not allow the limitation or exclusion of liability, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Molly’s Fund Fighting Lupus, its affiliates, officers, directors, employees, agents, and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees), damages, judgments, claims, of every kind and nature, arising from or relating in any way to your use of the Site, your User Content, your conduct in connection with the Site or your violation of these Terms of Use, any law or the rights of any third party.

Termination

We reserve the right in our sole discretion to (i) terminate your account, (ii) delete your profile and any of your User Content, (iii) restrict your use of all or any part of the Site, or (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site.

You understand and agree that some of your User Content, such as that which is displayed outside your profile in other parts of the Site, may continue to appear on the Site even after your User Content is removed or your account is terminated.

These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Our Rights To Your User Content, Indemnification, User Interactions, Warranty Disclaimer, Limitation of Liability, Miscellaneous and terms that by their nature may survive termination shall survive any termination.

 Changes To The Terms of Use

We may modify these Terms of Use at any time, effective upon its posting.  Your continued use of our website constitutes your acceptance to this Terms of Use and any updates.  We will make an effort to alert you when changes are made to the Terms of Use by posting a temporary notice on our website and/or by emailing a notice to you.  However, it is your responsibility to periodically check for updates to our terms.

 Miscellaneous

1. Website Jurisdiction

You agree that this Site shall be deemed a website solely based in Oregon, USA, which does not give rise to personal jurisdiction over us in jurisdictions other than Oregon.

2. Law and Venue

You agree that this Site, Terms of Use, Privacy Policy and any dispute between you and us shall be governed in all respects by Oregon law, without regard to conflict of law principles that would result in the application of any law other than the law of Oregon, and not by the United Nations Convention on the International Sale of Goods. These Terms of Use and any dispute between you and us shall not be subject to Oregon Revised Statutes Chapter 72, “Sales” (“Chapter 72”). Only the sale of goods shall be subject to Chapter 72 and only to the extent that the Terms of Use do not supersede Chapter 72. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of our products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon.

3. Limitations on Claims

Any cause of action or claim you may have with respect to the Site (including without limitation the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises.

4. No Waiver

Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use.

5. Assignment

We may assign our rights and duties under these Terms of Use to any party at any time without notice to you.  You may not sell, assign or otherwise transfer any of your rights or obligations under these Terms of Use to anyone.

6. Severability

If any provision in these Terms of Use is invalid or unenforceable, the remaining provisions of these Terms of Use shall continue to be valid and enforceable.

7. Entire Agreement

These Terms of Use and Privacy Policy constitute the entire agreement between you and us and govern your use of the Site.  These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of the Terms of Use.

 

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