Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
www.ICanWithMS.org and www.mslivingwell.org may revise and update these Terms and Conditions at any time. Your continued usage of these websites ("www.ICanWithMS.org and www.mslivingwell.org" or "Sites,") will mean you accept those changes.
The Sites Do Not Provide Medical Advice
The contents of www.ICanWithMS.org and www.mslivingwell.org, such as text, graphics, and images ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites!
If you think you may have a medical emergency, call your doctor or 911 immediately. www.ICanWithMS.org and www.mslivingwell.org do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites. Reliance on any information provided by www.ICanWithMS.org and www.mslivingwell.org, or information provided by other visitors to the Sites, is solely at your own risk.
The Sites may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Sites.
We are committed to protecting the privacy of children. You should be aware that the Sites are not intended or designed to attract children under the age of 18.
Use of Content
www.ICanWithMS.org and www.mslivingwell.org authorize you to view or download a single copy of the material on the Sites solely for your personal, noncommercial use. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of the Sites. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of www.ICanWithMS.org and www.mslivingwell.org
The use of the Sites and the Content is at your own risk.
When using the Sites, information will be transmitted over a medium that may be beyond the control and jurisdiction of www.ICanWithMS.org and www.mslivingwell.org. Accordingly, the Sites and Dr. Barry Singer assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.
The Sites and the content are provided on an "as is" basis. THE SITES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, www.ICanWithMS.org, www.mslivingwell.org, and Dr. Barry Singer make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Sites.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Sites.
In no event shall www.ICanWithMS.org, www.mslivingwell.org, or Dr. Barry Singer be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Sites or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Sites or any third parties mentioned on the Sites are advised of the possibility of such damages. www.ICanWithMS.org, www.mslivingwell.org, or Dr. Barry Singer are not liable for any personal injury, including death, caused by your use or misuse of the Sites, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Sites, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
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The Sites contain functionality that allows users to upload content to the Sites (collectively "Public Areas"). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to www.ICanWithMS.org and www.mslivingwell.org, including via email to any contact email addresses provided, any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to www.ICanWithMS.org and www.mslivingwell.org, including via email to any contact email addresses provided, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to www.ICanWithMS.org and www.mslivingwell.org, including via email to any contact email addresses provided, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Sites a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to www.ICanWithMS.org and www.mslivingwell.org, including via email to any contact email addresses provided. We try to answer every email in a timely manner, but are not always able to do so.
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User Submissions — Image, Video, Audio Files
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Sites, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to www.ICanWithMS.org and www.mslivingwell.org a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Sites to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify www.ICanWithMS.org, www.mslivingwell.org, and Dr. Barry Singer and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
www.ICanWithMS.org and www.mslivingwell.org reserve the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
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www.ICanWithMS.org and www.mslivingwell.org have several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your www.ICanWithMS.org and www.mslivingwell.org passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in names, screen names and passwords; (2) authorize, monitor, and control access to and use of your Sites accounts and passwords; (3) promptly inform Sites if you believe your accounts or passwords have been compromised or if there is any other reason you need to deactivate a password. Contact us at email@example.com. You grant www.ICanWithMS.org and www.mslivingwell.org and all other persons or entities involved in the operation of the Sites the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Sites. Sites cannot and do not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Sites tools and services.
www.ICanWithMS.org and www.mslivingwell.org Community and Member to Member Areas ("Public Areas")
If you use a Public Area, such as posting boards, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. www.ICanWithMS.org and www.mslivingwell.org are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by www.ICanWithMS.org and www.mslivingwell.org in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Sites, or which, in the judgment of Sites, exposes Sites or any of its visitors to any liability or detriment of any type.
www.ICanWithMS.org and www.mslivingwell.org Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the Sites upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the Sites, regardless of whether such communication(s) violate these standards.
www.ICanWithMS.org and www.mslivingwell.org have no liability or responsibility to users of the Sites or any other person or entity for performance or nonperformance of the aforementioned activities.
You agree to defend, indemnify, and hold www.ICanWithMS.org, www.mslivingwell.org, and Dr. Barry Singer harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Access to the Content may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with the Sites, or in any way relating to your use of the Sites, resides in the courts of the State of Missouri and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Missouri in connection with any such dispute.
These Terms and Conditions are governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting the Sites at firstname.lastname@example.org and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, the Sites maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Sites who are repeat infringers.
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