USER AGREEMENT

 

Terms of Use

This World Wide Web site with its home page in the domain "americanarthritis.org" (the "Website") is a complimentary information and interactive community service offered by the AMERICAN ARTHRITIS SOCIETY, Inc. ("AAS") at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. AAS reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.

Description of Service

AAS currently and in the future provides users access to an extensive amount of resources, including, but not limited to, health and medical content, online tools, other personalization features, book/publication offerings, and various communication tools (the “Service”). AAS assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.

Registered User Account, Password, and Security

As an option, users may register and create a personal account profile to provide more personalized information. Users are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under their account. AAS does not retain liability or responsibility for such use.

General Practices Regarding Use and Storage

Users acknowledge that AAS may establish general practices and limits concerning use of the AAS website, including without limitation the maximum number of days that email messages, message board postings or other uploaded content is retained by the Website. The maximum number of emails that can be sent or received by an account, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that AAS has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the AAS website servers. You acknowledge AAS has the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AAS reserves the right to change these general practices at any time with or without notice.

Registered User Conduct

You understand that all information, data, text, photographs, graphics, messages, or other materials ("Content") publicly posted is the sole responsibility of the person from which such content originated. This means that you, and not AAS, bear all risks and liabilities for all Content that you upload, post, email, transmit or otherwise make available via the service. You agree to not use the service to:

a. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

b. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. (Posting the same note more than once can be considered "spam" or "spamming");

c. upload, post, email, transmit or otherwise make available 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 hardware or telecommunications equipment;

d. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

e. impersonate any person or entity, including, but not limited to, an AAS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

f. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

g. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

h. intentionally or unintentionally violate any applicable local, state, national or international law;

i. "stalk" or otherwise harass another; or

j. harvest or otherwise collect or store personal data about other users.

You acknowledge that AAS and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Content that is available via the Service. AAS and its designees shall have the right to remove any Content regardless of whether such communication(s) violate the User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that AAS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of AAS, its users and the public.

User Submissions

By submitting communications or content to any part of this Site where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of AAS. You grant or warrant that the owner of such content has expressly granted AAS a royalty-free, perpetual, irrevocable, world-wide non exclusive 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.

Modifications to the Service

AAS reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AAS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Termination

You agree that AAS, in its sole discretion, may terminate your password, account (or any part thereof) or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if AAS believes that you have violated or acted inconsistently with the letter or spirit of this user agreement. You agree that any termination of your access may be effected without prior notice, and acknowledge and agree that AAS may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the service. Further, you agree that AAS shall not be liable to you or any third-party for any termination of your access to the Service.

Medical Disclaimer

You acknowledge that the information on the Website is provided "as is" for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.

Disclaimer of Warranty

AAS makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

Limitation of Liability

You agree that you will hold harmless AAS and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will AAS or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Endorsements

You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of the AAS or endorsed by AAS. AAS may provide links on the Website to other websites which are not under the control of AAS. In general, any website which has an address (or URL) which does not contain "americanarthritis.org" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by AAS of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

Usage of Content

Unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to the AMERICAN ARTHRITIS SOCIETY, Inc., and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without AAS' prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Website. The user may also make a single copy of the Content displayed on any page of the Website to be used by the user for personal and noncommercial uses which do not harm the reputation of the AAS, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.

Trademarks

AMERICAN ARTHRITIS SOCIETY and the AMERICAN ARTHRITIS SOCIETY Logo Design are service marks of the AMERICAN ARTHRITIS SOCIETY, Inc.

The mark, AMERICAN ARTHRITIS SOCIETY is a trademark of the AMERICAN ARTHRITIS SOCIETY, Inc.

Jurisdiction

This Website (excluding linked sites) is controlled by AAS which is headquartered in the State of Delaware, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this Website both you and AAS agree that the statutes and laws of the State of Delaware, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You and the AMERICAN ARTHRITIS SOCIETY also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of New Castle County, Delaware and the United States District Court for the New Castle County of Delaware with respect to such matters. AAS makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Linking Information

Hypertext Linking. The AAS may grant the owner of an approved website permission to use a hyper-text link on his or her web site, provided: (a) any text-only link must clearly be marked "AMERICAN ARTHRITIS SOCIETY;" (b) the link must "point" to the URL www.americanarthritis.org and not to other pages within the Website; (c) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with AAS' name and trademarks; (d) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than AAS is associated with or sponsored by AAS; (e) the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked website; and (f) AAS reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement.

AAS is not responsible for the information or materials contained on the host website. Links to this Website are provided for convenience of reference only and are not intended as an endorsement by AAS of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.

Revised: August 1, 2014

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