Terms and Conditions of Use
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By using this website, services or content provided by www.malansyndrome.org (the “Site”), a service of the Malan Syndrome Foundation (the “Foundation” or “We”), you are agreeing to be bound by the following Terms of Agreement (the “Terms”). If you do not agree to these Terms, you may not register, visit, or use the Site and its content. We may change, terminate, or restrict access to any aspect of our Site, associated services or communications at any time, without notice.
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Contents
Terms and Conditions of Use
The Site and the Foundation Do not Provide Medical Advice
User Content Submissions to the Foundation
User Content Rights
Prohibited Uses
Links to Third-Party Websites
Copyright Complaints about the Site or the Foundation
FOUNDATION’S COPYRIGHTS AND MARKS
Violation of These Terms
Warranties
Limitation of Liability
Indemnity
Complete Agreement
Contact Us
Effective Date of These Terms
The Site and the Foundation Do not Provide Medical Advice
You understand and agree that We are not engaged in the practice of medicine, either through the Site, associated communications, related services or content. The Site is not a substitute for professional healthcare, medical advice, diagnosis, or treatment. The Site is provided for informational purposes only and is provided without warranties and “as is”. We encourage you to always seek the advice of a healthcare professional with any questions you may have regarding a medical condition.
You should never disregard the medical advice of healthcare professional, delay visiting a healthcare professional, or deviate from a treatment plan as prescribed or advised to you by your healthcare professional because of content on the Site. YOU UNDERSTAND AND AGREE THAT THE FOUNDATION HAS NO RESPONSIBILITY TO PROVIDE YOU MEDICAL ADVICE OR UNDERTAKE ANY MEDICAL, OR OTHERWISE RELATED ACTION, IN RESPONSE TO ANY INFORMATION YOU PROVIDE ON THE SITE OR RELATED SERVICES.
The Foundation does not recommend or endorse any specific treatments, tests, procedures, doctors or physicians (or healthcare professionals in general), opinions, products or services, or other information that may appear on the Site or through links that can be visited through the Site.
User Content Submissions to the Foundation
The personal information you submit is governed by the Foundation’s Privacy Policy. To the extent there is a conflict between these Terms and the Privacy Policy, these Terms shall govern. The Foundation is not responsible for the operation, terms of use or policies of any Social Media Platform. Before utilizing or submitting documents, images, videos or audio files (“Content”) and personal information to any Social Media Platform you should review its terms of use, policies, community guidelines and its privacy policy.
If you submit any Content to the Foundation through the Site, associated communications or related services you agree that you will not send or transmit any communication or Content that infringes or violates the rights of any party. The Foundation reserves the rights to remove or block any Content for any reason without prior notice.
User Content Rights
You understand and agree to only transmit Content to the Foundation, Site, associated communications or related services that you have created yourself or that you have all rights to transmit and license and which do not violate the intellectual property (not limited to trademarks, copyrights or patents), privacy or any other rights of any other person or entity. Uploading Content of other people without their express consent is strictly prohibited.
Prohibited Uses
You understand and agree that as a condition of using the Site that you will not use the Site in any way that is prohibited by law, judicial order or these Terms. These prohibitions include, but are not limited to, the following
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You will not transmit any Content that contains malicious software (including, but not limited to malware, viruses or any other malicious computer code, files or programs designed to interrupt, destroy or deny to others the functionality of any aspects of the Site or the Foundation).
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You will not conduct “website scrapping” or similar approach encompassing any systematic or automated data collection activities on or in relation to our Site.
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You will not use our Site for any commercial or organizational purposes, including but not limited to marketing, prospecting or research, without our prior express written consent.
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You will not use Content from the Site without the prior written consent of the Foundation.
Links to Third-Party Websites
The Site may contain links to other third-party websites not operated by the Foundation. The Foundation has no control or management over these other websites. Any links to these other websites do not constitute the Foundation’s endorsement of them or their content. You understand and agree that these other websites are governed by their own user agreements and privacy policies and that any visits to them are at your own risk.
Copyright Complaints about the Site or the Foundation
The Foundation respects the intellectual property of others and does not knowingly infringe upon these rights. If you believe that your work has been made available on the Site in a manner that constitutes copyright infringement, please notify the Foundation by written notice. You must include in your notice the requirements as described in the the Digital Millennium Copyright Act, 17 U.S.C. § 512. You may write to us at info@malansyndrome.org with subject “DMCA Complaint”.
Foundation’s Copyrights
All materials and Content posted on the Site are protected by the copyright laws in the United States and in foreign countries where applicable. All rights not expressly granted herein are reserved by the Foundation.
Violation of These Terms
You understand agree that the Foundation may, at our sole discretion and without prior notice, terminate your account and access to the Site if you violate these Terms or for any other reason. You also agree that the Foundation may, subject to our privacy policy and local law, disclose any information we have about you, including your identity, if such disclosure is needed in relation with any investigation about your use of the Site.
Warranties
THE FOUNDATION DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WITH REGARD TO THE SITE, ANY OF THE CONTENT ON THE SITE, OR ANY COMMUNICATION PROVIDED DIRECTLY OR THROUGH LINKS TO OTHER THIRD-PARTY SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH THE SITE. THE FOUNDATION DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR THAT THE SITE IS WITHOUT DEFECTS. THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, THE FOUNDATION DISCLAIMS ALL WARRANTIES.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSIONS OF CONTENT YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS YOURS ALONE.
Limitation of Liability
IN NO EVENT SHALL THE FOUNDATION OR ANY OTHER PARTY INVOLVED IN CREATING, MAINTAINING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE; UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OR DISCLOSURE OF YOUR TRANSMISSIONS, DATA OR CONTENT; PUBLICATIONS, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER OR CONCERN RELATING TO THE SITE. YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CANNOT BE LIMITED, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE SOLE AND BEST REMEDY FOR ANY MATTER OR CONCERN WITH THE SITE OR ITS CONTENTS IS TO CEASE USE OF THE SITE OR ANY SUCH CONTENT.
IF, NOTWITHSTANDING THESE AFOREMENTIONED LIMITATIONS, THE FOUNDATION IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT IS ASSOCIATED WITH THE SITE OR ITS CONTENT, THE FOUNDATION’S LIABILITY WILL IN NO EVENT EXCEED $100 (ONE-HUNDRED DOLLARS).
Indemnity and Duty to Cooperate
YOU UNDERSTAND AND AGREE TO DEFEND, INDEMNIFY, AND HOLD THE FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, 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 USE OF THE SITE OR VIOLATION OF THESE TERMS.
You agree to cooperate as fully as reasonably required in the defense of any claim against the Foundation. The Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written prior consent of the Foundation.
Complete Agreement
Except as expressly provided in a legal notice made available on the Site, these Terms and the Foundation’s Privacy Policy constitute the entire agreement between you and the Foundation with respect to the use of the Site, associated communications, related services or content.
Contact Us
For questions related to these Terms please contact us at: info@malansyndrome.org.
Effective Date of These Terms
The effective date of these Terms is: April 3, 2019
