FD/MAS Alliance Terms of Service
Last Updated: August 9, 2021
Please read these Terms of Service carefully. They set forth the terms and conditions that will apply between the Fibrous Dysplasia Foundation Inc. (“FDF,” “we,” “us,” “our”) and you with respect to your access to the FD/MAS Alliance website (together with the sub-pages therein, the “Site”). Please note that the FD/MAS Patient Registry website is subject to separate terms of service.
THESE TERMS OF SERVICE, AS MAY BE AMENDED FROM TIME TO TIME BY US, APPLY TO ALL VISITORS TO THE SITE. YOUR ACCESS TO THIS SITE IS SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT ACCESS THE SITE. BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE AND CONFIRM THAT YOU ARE OVER EIGHTEEN (18) YEARS OF AGE.
1. No Medical Advice. WE DO NOT PROVIDE ANY MEDICAL ADVICE, INCLUDING THE DIAGNOSIS OF, OR ADVICE REGARDING TREATMENTS FOR, ANY DISEASE OR CONDITION. NOTHING ON THE SITE IS INTENDED TO BE, OR SHALL CONSTITUTE, MEDICAL ADVICE OR A SUBSTITUTE FOR CONSULTING A MEDICAL PROFESSIONAL ABOUT ANY DISEASE OR CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BASED ON ANYTHING STATED ON THIS SITE. RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.
2. FDF’s Intellectual Property.
2.1 You acknowledge and agree that (a) the Site and the source code therein (“Site Code”), (b) all text, writings, photographs, graphics, drawings, audio, video, designs, data and other works of authorship and materials that are available on the Site or via the Site’s mailing list (collectively, the “Site Materials”), and all (c) copyrights and other intellectual property rights in the Site Code and the Site Materials, whether or not registered or registrable, are the property of FDF and/or its licensors and are protected under copyright and other applicable laws. You may use and reproduce the Site Materials solely for your personal, non-commercial review thereof, including sharing the Site Materials with your doctor(s) in connection with medical consultation(s). Except as expressly stated in the preceding sentence, you may not use, reproduce, distribute, create derivative works of, or register or attempt to register the Site Code or the Site Materials for any purpose without FDF’s prior written consent. If you would like to share the Site Materials with anyone, you may share a link to the applicable webpage on the Site.
2.2. You acknowledge and agree that the trademarks, service marks, trade dress, trade names and logos displayed on, and the domain name of, the Site, and all goodwill and intellectual property rights therein, whether or not registered or registrable, are the property of FDF and/or its licensors and are protected under trademark and other applicable laws. You may not display, affix, use, or register or attempt to register any of the foregoing for any purpose without FDF’s prior written consent.
3. User Contributions.
3.1 If you create, submit, post, display, transmit, publish or otherwise make available to us or on the Site any text, writings, photographs, graphics, drawings, audio, video, designs, data or other works of authorship or materials (collectively, “User Contributions”), you hereby grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, distribute, publicly display and create derivative works of such User Contributions.
4. Personal Data.
4.1 Except as expressly set forth in this Section 4, you shall not provide us any Personal Data (as defined below) regarding any person without our prior written consent.
4.2 If you decide to nominate a doctor or specialist for inclusion in the Site’s physician database, you may provide us the information specifically requested at our Physician Database Nomination Form in accordance with the instructions therein; provided, that (a) the applicable doctor or specialist has consented to our receipt of the information pertaining to such doctor or specialist and our publicly posting that information on the Site’s physician database, and (b) you shall not, under any circumstances, provide us the Personal Data of any person under the age of 18 years old.
4.3 “Personal Data” means (a) any information relating to an identified natural person, (b) any information relating to a natural person who can be identified, directly or indirectly, based on such information, including by reference to identifiers like a name, identification number, location data, online identifier or factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of such natural person, and any (c) other information that constitute “personal data” or similar terms under any applicable data law or regulation.
5. Your Obligations.
5.1 You shall comply with all posted codes of conduct and guidelines on the Site and/or our social media pages, as may be updated from time to time.
5.2 You shall not:
(a) use the Site for any illegal or unauthorized purpose;
(b) remove, alter, or obscure any proprietary notice affixed or included in any Site Code or Site Materials;
(c) except as expressly permitted herein, use FDF’s intellectual property rights for any purpose without our prior written consent;
(d) interfere with or disrupt, or attempt to interfere with or disrupt, the operation, integrity or performance of the Site, including by delivering viruses, worms, time bombs, Trojan horses, or other harmful or malicious code; or
(e) gain access, or attempt to gain access, to any areas of the Site to which you are not authorized by us to access.
6. Representations and Warranties.
6.1 You represent and warrant to us that:
(a) you have the legal capacity to agree to, and comply with, these Terms of Service;
(b) your use of the Site will not violate any applicable laws or regulations;
(c) you have all necessary consents and approvals to allow us to use User Contributions for the purpose(s) they were provided to us or as otherwise contemplated by these Terms of Service;
(d) User Contributions do not and will not (i) infringe, misappropriate or violate the intellectual property or other rights of any person or entity, (ii) violate any applicable law or regulation or (iii) violate any posted codes or conduct or guidelines of the Site and/or our social media pages, as may be updated from time to time; and
(e) you have all necessary consents and approvals (i) to provide us any Personal Data submitted by you to us and (ii) for us to use such Personal Data for the purpose(s) they were provided to us or as otherwise contemplated by these Terms of Service.
6.2 THE SITE AND THE CONTENTS THEREOF, INCLUDING THE SITE MATERIALS, ARE PROVIDED BY US ON AN “AS-IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR THE CONTENTS THEREOF AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USAGE, APPLICATION OR PROCESS OR NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
7. Third Party Content.
7.1 The Site contains links to third party websites and content provided by third parties, including other users (“Third Party Materials”). The inclusion of Third Party Materials on the Site does not constitute validation or endorsement of the accuracy, appropriateness, completeness, safety or suitability of such Third Party Materials, or the content or services that may be accessible therefrom, by FDF. Your access to and use of such Third Party Materials, content and services is at your own risk. Your access to, or use of, such Third Party Materials, content or services, may be subject to separate terms, conditions and policies, which you should review prior to accessing or using such Third Party Materials, content or services.
7.2 WITHOUT LIMITING THE GENERALITY OF SECTION 6.2, FDF, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE AGENTS AND REPRESENTATIVES, BOTH INDIVIDUALLY AND COLLECTIVELY, MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD PARTY MATERIALS OR THE CONTENT OR SERVICES THAT MAY BE ACCESSIBLE THEREFROM.
8. Indemnification. You shall indemnify, defend and hold harmless FDF, its affiliates, and its and their directors, officers, employees and agents (collectively, the “Indemnified Parties”) from and against all losses (including reasonable attorneys’ fees) suffered by any Indemnified Party as a result of or arising from (a) any breach by you of any covenant, representation or warranty herein, (b) any claim by a third party that any User Contribution infringes, misappropriates or violates a third party’s intellectual property or other rights and/or (c) any claim by a third party that our use of any Personal Data provided by you violates any applicable law or regulation, or the applicable data subject’s rights.
9. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU IN CONNECTION WITH THE SITE OR THESE TERMS OF SERVICE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGE OF ANY KIND, (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT OR DATA), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH LOSS.
10. Cessation of Operation or Access. We shall have the right in our sole discretion to (a) cease operation of, or interrupt access to, the Site or any portion thereof and/or to remove any Site Materials or any portion thereof and/or (b) restrict your access to the Site or any portion thereof and/or any Site Materials or any portion thereof, in each case at any time and without prior notice. We make no guarantee that the Site or Site Materials will be available at all times and shall not be liable for any losses you may suffer from being unable to access the Site or Site Materials.
11. Changes. These Terms of Service are subject to change without prior notice. Changes are effective immediately upon posting. Please review these Terms of Service frequently to remain up to date regarding any changes.
12. Governing Law, Dispute Resolution. These Terms of Service shall be shall be governed by and construed in accordance with the laws of [California]/[New York], without regard to its conflict of laws rules. Any claim, controversy or dispute arising out of or in connection with these Terms of Service, including any breach of these Terms of Service, (each, a “Dispute”) shall be resolved by confidential, final and binding arbitration in Baltimore, Maryland administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures in effect at such time. Such arbitration shall be conducted by a single arbitrator. The award rendered by the arbitrator shall be final and binding on the Parties and may be entered and enforced in any court having competent jurisdiction
13. Interpretation. The section headings contained in these Terms of Service are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Service. The words “include,” “includes” and “including,” when used in these Terms of Service, shall be deemed to be followed by the phrase “without limitation.” The words “herein,” “hereof,” “hereunder” and words of like import shall refer to these Terms of Service as a whole.
15. Assignment. You may not assign these Terms of Service, or any rights or obligations hereunder, to any third party without our prior written consent. We may assign these Terms of Service without your consent.