This World Wide Web site with its home page in the domain "fightarthritispain.org" (the "Web Site") is a complementary information service offered by the Arthritis Foundation 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 Terms of Service and User Agreement (this "Agreement").
The Arthritis Foundation reserves the right to change this Agreement at any time, and any such modification to the Agreement shall be effective immediately upon posting on the Web Site. You must consult the most recent version of this User Agreement (not an older cached version) when you view the Web Site.
Your continued access or use of the Web Site shall be deemed your conclusive acceptance of the agreement in its current form. Do not use the Web Site if you do not agree to all of the terms and conditions in this Agreement.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The material contained on the Web Site ("Content"), including text, graphics, risk assessment tools, images, and information provided by users of the Web Site ("Users") in chat rooms, message boards, personal pages or otherwise, or obtained by the Arthritis Foundation from other sources, is provided "as is" for general information only and for the purpose of educating consumers on arthritis and arthritis-related topics. The Content is not intended to be instructional for medical advice, diagnosis or treatment. The Content should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual or as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on the Web Site.
WARRANTIES AND LIABILITY OF THE ARTHRITIS FOUNDATION
The Arthritis Foundation makes no warranties of any kind regarding the Web Site, 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, the server that makes them available or any files available for downloading from the Web Site, are free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties and such warranties are expressly disclaimed.
The Arthritis Foundation cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data.
You agree that you will hold harmless the Arthritis Foundation and its officers, directors, volunteers and employees from all claims arising out of or related to your access or use of, or your inability to access or use, the Web Site or the Content, or the content of other web sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Site or another web site to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. IN NO EVENT WILL THE ARTHRITIS FOUNDATION OR THE CONTRIBUTORS OF INFORMATION TO THE WEB SITE 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 THE ARTHRITIS FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE BASED. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE ARTHRITIS FOUNDATION, ITS OFFICERS, DIRECTORS, VOLUNTEERS AND EMPLOYEES FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEB SITE.
Unless otherwise indicated, the works of authorship contained in the Web Site, including but not limited to all design, text and images, are owned or licensed by the Arthritis Foundation, and except as provided expressly herein may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the Arthritis Foundation's prior written consent.
The entire contents of the Web Site are copyrighted as a collective work under the laws of the United States and other copyright laws. The Arthritis Foundation holds the copyright in the collective work. The collective work includes works that are the property certain third party information providers that are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download, copy or print portions of the material from the different areas of the Web Site solely for your personal, informational, internal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original material on any copy of such material. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
The mark, Arthritis Foundation and its attendant logos and taglines, are registered trademarks of the Arthritis Foundation. The marks Arthritis Foundation, Arthritis Answers, Joints in Motion, American Juvenile Arthritis Organization, Arthritis Walk, A Joint Walk, Jingle Bell Run, RAConnect, Connect and Control, Arthritis Self-Help Course and other program and event titles are common law trademarks of the Arthritis Foundation.
USER RIGHTS AND RESPONSIBILITIES
You may send and receive electronic mail ("e-mail"); engage in conferences and chats; upload and download files and content; and otherwise use the Web Site as permitted by this Agreement, the Arthritis Foundation's/Web Site's operating policies and applicable law. Files exchanged and public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the Arthritis Foundation. You understand that all information, data, text, photographs, messages, graphics or other materials publicly posted is the sole responsibility of the person from which such content originated.
You are responsible for your communications and your use of the Web Site. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to the Web Site with one account; (b) upload, post, e-mail, transmit or otherwise make available any message which is libelous or defamatory; (c) upload, post, e-mail, transmit or otherwise make available any message, data, image or program which is indecent, obscene or pornographic; (d) upload, post, e-mail, transmit or otherwise make available any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use the Web Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept e-mail or other private communications not intended for you; (g) send e-mail to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to sell goods or services to other Users, or use as a mass unsolicited distribution medium to communicate a generally unsolicited message, (h) send unsolicited e-mail messages through third-party mail servers in order to relay your e-mail or hide the origination of your e-mail to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or the Web Site; (l) falsify the source or origin of software or other material contained in a file that you upload; (m) use the Web Site in a manner that adversely affects the availability of its resources to other Users; (n) falsely purport to be an employee or agent of the Arthritis Foundation; (o) cause repeated disruptive incidents; or (p) act, or fail to act, in your use of the Web Site, in a manner that is contrary to any applicable law or regulation. It is not the intent of the Arthritis Foundation to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views, nonetheless, the Arthritis Foundation reserves the right to take such action as it deems appropriate in its sole discretion to prevent the use of the Web Site to disseminate statements that are deeply and widely offensive and/or potentially harmful. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
You agree to: (a) maintain all equipment required for your access to and use of the Web Site; (b) maintain the security of your user identification, password and other confidential information; and (c) be responsible for all charges resulting from use of the Web Site, including unauthorized use prior to your notifying the Arthritis Foundation of such use and taking steps to prevent its further occurrence. The Arthritis Foundation does not guarantee that the functions or services performed on the Web Site will be uninterrupted or error-free or that defects in the Web Site will be corrected. Users are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to the Web Site for the reconstruction of any lost data.
Any material, information, or other communication you transmit or post to the Web Site will be considered non-confidential and non-proprietary. The Arthritis Foundation will have no obligations with respect to such material, and may use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display such material in any media or medium, or any form, format or forum now known or hereafter developed.
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