APDA IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TOU. IF YOU DO NOT AGREE WITH THE TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS TOU. THIS TOU MAY BE MODIFIED BY APDA FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TOU IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THIS TOU WAS LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THIS TOU PERIODICALLY FOR UPDATES AND CHANGES.
ABOUT APDA AND THIS WEBSITE
APDA is the largest grassroots network dedicated to fighting Parkinson’s disease, working tirelessly to help the more than one million people in the United States with Parkinson’s disease live life to the fullest in the face of this chronic, neurological disorder. This Website provides users with access to a variety of information and resources, including e-newsletters, publications, works of authorship, and educational materials, blogs, videos, and other relevant content (collectively, the “Content”), as well as a variety of training, health-related information, support groups and other Parkinson’s related services (collectively, the “Services”). The Website also provides opportunities to support APDA, such as through making a donation, or organizing or participating in an event.
REGISTRATION; PERSONAL INFORMATION
APDA’s Website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website by anyone under 13 is unauthorized. If you are under 13, you are only allowed to access this Website with your parent or guardian’s permission and supervision. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older if you want to conduct any type of financial transaction on the Website, and further provided that we reserve the right to limit certain other activities related to the work that we do – such as organizing an event – to those who are at least 18 years of age.
LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED
APDA hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of APDA or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Website, Services or the Content; any derivative use of this Website, Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of APDA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of APDA without APDA’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of APDA’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by APDA.
INTELLECTUAL PROPERTY RIGHTS
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of APDA or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of APDA and is protected by U.S. and international copyright laws. You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of APDA or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by APDA. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. APDA does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at email@example.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of APDA. The APDA name, logo, tagline, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of APDA. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of APDA.
Payments and Payments Processing; Rules for All Payments
This Website provides the ability to make an online donation. APDA has engaged the services of several third party payment services providers to process all donation/payment transactions (which third parties are involved depend upon the transaction and the venue in which such transaction is made). These third party companies manage the routing of applicable customer information through the credit card and electronic check processing networks, as applicable. APDA is not affiliated with these companies, and we are not responsible in any way for the actions or performance (or lack thereof) of any such company. Accordingly, APDA expressly disclaims responsibility and liability for all services provided by such third parties, including those related to donation/payment transactions, and you hereby agree that APDA shall not be responsible for any loss or damage of any sort incurred as a result of any such services.
You hereby acknowledge and agree that, for all donations, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations are final and non-refundable. If you have any questions regarding any payment transaction, please contact us by email at firstname.lastname@example.org.
This Website contains blogs (“Blogs”). The content, view and opinions published in Blogs written by our personnel or contributors – or from links or Blogs that we post on the Website from other sources – belong solely to their respective authors and do not necessarily reflect the views of APDA, its management or employees.
APDA has the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violations of the Website policies or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Website). APDA may also investigate, in its sole discretion, the use of any credit card by a user registered to make a purchase, and take such action as we deem appropriate, including without limitation, contacting the individual using such card and/or deactivating a user’s account.
LINKS TO THIRD-PARTY WEBSITES/MATERIALS/CONTENT
SERVICE PROVIDED IN UNITED STATES; COMPLIANCE WITH LAWS
This Website is hosted in the United States. If you are a non-U.S. user of the APDA Website, by visiting the Website you agree to comply with all applicable federal and state U.S. laws. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Website and any related services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.
We make no representations that the Website and any and all information contained therein, including the Services, information or Content are appropriate, available or legal in any particular location. This Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject APDA to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Websites and all related services, Services, information and/or Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.
HEALTH CARE DISCLAIMER
THE CONTENT AND SERVICES OFFERED ON THE WEBSITE – INCLUDING THE “ASK THE DOCTOR” OPTION/FEATURE – IS INTENDED TO EDUCATE USERS ON HEALTH CARE AND MEDICAL ISSUES RELATED TO PARKINSON’S DISEASE. NEITHER THE CONTENT NOR THE SERVICES SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THIS WEBSITE, ITS SERVICES AND CONTENT DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR SPECIFIC GUIDELINES AND INSTRUCTIONS, INCLUDING THOSE RELATED TO DIAGNOSIS AND TREATMENT OF MEDICAL CONDITIONS, INCLUDING YOUR SPECIFIC MEDICAL NEEDS IN REGARD TO PARKINSON’S DISEASE. IN PROVIDING THE CONTENT AND SERVICES WE ARE IN NO WAY REPRESENTING OR WARRANTING THAT SUCH SERVICES AND CONTENT IS APPLICABLE OR APPROPRIATE FOR YOUR NEEDS AND/OR CONDITION. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911.
The Content, materials, resources and other information contained on this Website have been prepared by APDA as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. APDA has used reasonable efforts in collecting, preparing and providing such Blogs, Content, materials, resources and other information.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL BLOGS, CONTENT, RESOURCES, MATERIALS, SERVICES AND OTHER INFORMATION – INLCUDING THE “ASKTHE DOCTOR” OPTION/FEATURE – ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND APDA EXPRESSLY disclaims all warranties and conditions with respect to the WEBSITE AND ALL ELEMENTS THEREOF, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, SATISFACTORY QUALITY, quiet enjoyment and accuracy. APDA MAKES NO WARRANTY THAT THE WEBSITE, BLOGS, CONTENT, PRODUCTS, SERVICES, MATERIALS OR ANY OTHER INFORMATION IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED, NOR DO WE MAKE ANY PROMISES THAT THE SERVICES THAT WE OFFER WILL BE AVAILABLE TO YOU.
LIMITATION OF LIABILITY
In addition to the above warranty disclaimers, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL APDA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), THE SERVICES, CONTENT, THE BLOGS OR BLOG CONTENT, OR ANY OTHER MATERIALS, SERVICES OR INFORMATION CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM APDA, EVEN IF APDA HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE APDA AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless APDA, its affiliates, its contractors, and all of its and their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from i) your use of this Website, Content or services, ii) your fraud, violation of law, or iii) willful misconduct, and any breach by you of this TOU as stated herein or as modified from time to time in APDA’s sole discretion.
If any provision(s) of the TOU is deemed unlawful, void or for any reason unenforceable, then such provision(s) shall be deemed severable from this TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce of any of the terms of the TOU shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
GOVERNING LAW AND JURISDICTION
This TOU and your access to and use of this Website are governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating the TOU or Website shall be filed only in the state and federal courts located in the New York City, NY, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.
YOU AND APDA AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR APDA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR APDA ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND APDA FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, APDA, AND ALL PARTIES TO ANY SUCH PROCEEDING.
APDA shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Any notices to you from APDA regarding the Website or this TOU will be posted on this Website.