THIS SITE AND RELATED SERVICES (INCLUDING ALL TMA ONLINE BULLETIN BOARDS) ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
These Terms and Conditions of Use (the “Terms and Conditions”) govern your use of this Web site (www.myositis.org) provided by The Myositis Association (“TMA”), including without limitation use of all services, content, data, images, information and other materials posted on or available through this Site (collectively, the “Site”).
2. No Medical Advice.
This Site was designed for educational purposes only and not for the purpose of rendering medical advice. Individual variances in myositis cases require the consultation of a physician to make sound medical decisions. The information presented on this Web site is not intended to replace the counsel of your physician. It is important to consult your doctor before altering anything in your treatment plan. The Myositis Association does not endorse any medications, products, equipment or treatments for myositis.
3. Use of The Site.
The Myositis Association hereby grants you a nonexclusive license to use the Site solely for your personal, non-commercial use. As a condition of your use of this Site, you warrant to The Myositis Association that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not reverse engineer, deconstruct, disassemble or decompile any software or technology underlying the Site or provided through the Site, except to the extent permitted by applicable law. If you breach any of these Terms and Conditions, your authorization to use this Site shall automatically terminate.
The contents of the Site may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of The Myositis Association, except that you may download content from the Site to any single computer for temporary use, provided you keep intact all copyright, trademark, and other proprietary notices. Except as provided in these Terms and Conditions, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited.
4. Copies of These Terms and Conditions; Updates.
You may print a copy of these Terms and Conditions using the print button or feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms and Conditions at any time, and by your continued use of the Site agree to be bound by future revisions. It is your responsibility to periodically visit the “Privacy and Terms” link on the Site to review the most current version of the Terms and Conditions (not an older cached version).
The Site is owned and operated by The Myositis Association (referred to as “The Myositis Association,” “TMA,” “the Association, ” “we,” “us,” or “our” herein). All services, content, data, information and other materials on or directly accessible from the Site are owned by TMA, its subsidiaries, affiliates, licensors and/or vendors. The Site is protected by United States and international copyright and trademark laws. Any rights not expressly granted by these Terms and Conditions or any other agreement with The Myositis Association are reserved by the Association and/or its vendors and licensors. Any copies that you make of material or other content provided through the Site must contain the same copyright and other proprietary notices that appear with the material or content.
6. Jurisdictional Issues.
This Site is controlled and operated by The Myositis Association from its offices within the United States of America. The Myositis Association makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable.
7. Warranty Disclaimer.
This site, including any content or information contained within it or any site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality of information, and title/noninfringement. You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked web sites. No oral or written information or advice given by The Myositis Association or the Association’s authorized representatives shall create a warranty or in any way increase the scope of this warranty.
8. Limitation of Liability.
The Myositis Association and its affiliates, vendors, licensors, and other third parties mentioned on the site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, site-related services and products, content or information contained within the site, and/or any hyperlinked website, whether based on warranty, contract, tort, or other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site, site-related services, and/or hyperlinked websites is to stop using the site and/or those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Accuracy and Integrity of Information.
Although the Association attempts to ensure the integrity and accurateness of the Site, it makes no guarantees as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors. In the event that an inaccuracy arises, please inform The Myositis Association so that it can be corrected. Information contained on the Site may be changed or updated without notice.
10. Your License to TMA.
Any communications or material of any kind that you e-mail, post, or transmit through the Site, including, questions, comments, suggestions, and other information (your “Communications”) will be treated as non-confidential and non-proprietary. You grant The Myositis Association a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications.
11. Your Communications.
The Myositis Association may, but is not obligated to, monitor or review any areas of the Site where user Communications may be made available, including, but not limited to, chat rooms, bulletin boards, and other user forums. The Myositis Association, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. The Myositis Association retains the right to remove, in its sole discretion, Communications that violate any of the terms and conditions outlined herein, especially including those in Section 13 below.
12. Your Account.
You will receive a login and password upon completing the site’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur through use of your password. You agree to (a) immediately notify The Myositis Association of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Myositis Association cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
You are responsible for ensuring that no unauthorized person shall have access to your password(s) or account(s). It is your sole responsibility to (1) control the dissemination and use of your passwords; (2) authorize, monitor, and control (a) access to, and (b) use of your TMA account(s) and password(s); (3) promptly inform TMA if you wish to change a password(s). You grant TMA and all other persons or entities involved in the operation of the TMA Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of TMA Site. TMA cannot and does not assume any responsibility or liability for any information you submit to the Site, or for your or third parties’ use or misuse of information transmitted or received using the Site.
13. Acceptable Use Policy.
You may not transmit any material on or through the Site that (a) restricts any other user’s enjoyment of the Site, (b) is unlawful, threatening, abusive, libelous, defamatory, pornographic, profane or otherwise offensive, (c) constitutes or encourages criminal conduct, gives rise to civil liability, or otherwise violates any law (including without limitation the antitrust laws), (d) violates or infringes the rights of any third party including, without limitation, patent, copyright, trademark, privacy or any other proprietary right, (e) contains a virus or other harmful component, (f) contains false or misleading indications of origin or statements of fact or that impersonates another user, or (g) contains any solicitation for any cause or organization (for-profit or nonprofit) other than TMA.
The Myositis Association reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, government request, court order, subpoena or other legal process, or to edit or remove any information, in whole or in part, that in The Myositis Association’s sole discretion is objectionable, disruptive to the Site or in violation of these Terms and Conditions. The Myositis Association reserves the right to immediately suspend your access to the Site in the event of any violation of this provision.
14. Links or Pointers to Other Sites.
The Myositis Association makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-TMA site, please understand that it is independent from The Myositis Association, and that The Myositis Association has no control over the content on that Web site. In addition, a hyperlink to a non-TMA Web site does not mean that The Myositis Association endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
15. Entire Agreement.
Except as provided below, these Terms and Conditions constitute the entire agreement between The Myositis Association and you pertaining to the subject matter hereof. In its sole discretion, The Myositis Association may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.