Chordoma Foundation Online Community Terms of Use
SUMMARY
Please read these Chordoma Foundation Online Community Terms of Use (“Terms”) carefully before using the Chordoma Foundation Online Community. Below is a summary of the Terms. This summary is provided for your convenience only and has no contractual or legal effect. Please see the full Terms below for the complete Terms.
These Terms incorporate by reference the Chordoma Foundation’s Privacy Policy, available at http://www.chordomafoundation.org/privacy-policy, the Chordoma Foundation’s general Terms of Use, available at http://www.chordomafoundation.org/terms-of-use, and the Chordoma Connections Community Guidelines, available at https://community.chordomafoundation.org/communityguidelines.
Your Account
You must be over 18 years old or have the permission of a parent or guardian to create an account or use the Chordoma Foundation Online Community. You may not use the Chordoma Foundation Online Community if you are under 13 years old.
The Chordoma Foundation has the right to monitor your conduct on the Chordoma Foundation Online Community and terminate your user account for any reason.
You are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Chordoma Foundation Online Community.
If you do not act acceptably and follow the Terms or the Chordoma Connections Community Guidelines, the Chordoma Foundation may close your account and prohibit your use of the Chordoma Foundation Online Community.
Communications
By registering for an account in the Chordoma Foundation Online Community, you consent to the Chordoma Foundation communicating with you by email or posting notice on or through the Chordoma Foundation Online Community.
Use of the Chordoma Foundation Online Community
You may only use the Chordoma Foundation Online Community for non-commercial purposes.
You agree and acknowledge that your participation in the Chordoma Foundation Online Community does not make you a patient or client of the Chordoma Foundation or the Chordoma Foundation Online Community. Further, the Chordoma Foundation does not access or use any protected health information as a part of the Chordoma Foundation Online Community, and therefore does not have any HIPAA-compliance obligations.
The Chordoma Foundation Online Community contains educational information only.
You are fully responsible for your actions when using the Chordoma Foundation Online Community and the information obtained through the Chordoma Foundation Online Community.
The Chordoma Foundation does not screen users and is not responsible for the conduct of users.
Carefully consider what you post to the Chordoma Foundation Online Community and make available to other users. Another user could use the information you post to the public areas of the Chordoma Foundation Online Community in a negative manner. View how the Chordoma Foundation uses and discloses the information we collect in our Privacy Policy, available at http://www.chordomafoundation.org/privacy-policy.
You agree to keep any personal information that you view and/or receive through the Chordoma Foundation Online Community confidential.
You agree not to post negative information about health care professionals in the Chordoma Foundation Online Community.
You agree to follow the Chordoma Connections Community Guidelines listed in the Terms at all times. Failure to do so may lead to termination of your right to access and/or participate in the Chordoma Foundation Online Community.
Ownership and License
The Chordoma Foundation owns or has rights to all of the content we make available through the Chordoma Foundation Online Community. You may use the content for non-commercial purposes as you use the Chordoma Foundation Online Community. You cannot use the Chordoma Foundation logo or the Chordoma Foundation Online Community logo without the Foundation’s written permission.
You consent to the Chordoma Foundation’s use of anonymized and aggregated data about Chordoma Foundation Online Community users and the actions taken by users within the community.
You must obtain prior written consent to use or post other people’s content, or they may be able to bring claims against you for violating their legal rights.
You must promptly inform the Chordoma Foundation if you think a user violated your copyright within the Chordoma Foundation Online Community, or if you think someone incorrectly reported that you violated his or her copyright.
The Chordoma Foundation’s Liability
You use the Chordoma Foundation Online Community at your own risk. The Chordoma Foundation makes no warranties or guarantees.
Except as required by law, the Chordoma Foundation is not liable for the actions of users when they use the Chordoma Foundation Online Community.
The Chordoma Foundation may change the Chordoma Foundation Online Community at any time and you are responsible for understanding how these changes may impact you.
The Chordoma Foundation does not guarantee the quality or accuracy of any content you view using the Chordoma Foundation Online Community or other websites.
To the maximum extent permitted under applicable law, the Chordoma Foundation is not liable for anything that happens to you in connection with your use of the Chordoma Foundation Online Community. If you use the Chordoma Foundation Online Community in a way that causes the Chordoma Foundation to be included in legal actions, you agree to indemnify, defend and hold the Chordoma Foundation harmless for all legal fees and costs for the Chordoma Foundation and its affiliates, officers, employees, agents, partners, and/or licensors related to such action.
Disputes
The Chordoma Foundation is located in North Carolina, so all disputes must be resolved in North Carolina. The Chordoma Foundation will use arbitration to resolve any problems.
CHORDOMA FOUNDATION ONLINE COMMUNITY TERMS OF USE
Please read these Chordoma Foundation Online Community Terms of Use (“Terms”) carefully before using the Chordoma Foundation Online Community.
These terms incorporate by reference the Chordoma Foundation’s Privacy Policy, available at http://www.chordomafoundation.org/privacy-policy, the Chordoma Foundation’s general Terms of Use, available at http://www.chordomafoundation.org/terms-of-use, and the Chordoma Connections Community Guidelines, available at https://community.chordomafoundation.org/communityguidelines.
Introduction
The Terms create a legally binding contract between the Chordoma Foundation and you. It may change as business changes, and you agree you will review it and any updates regularly. You accept these Terms each time you access the Chordoma Foundation Online Community. If you do not accept these Terms, you cannot use the Chordoma Foundation Online Community.
Definitions
- “The Chordoma Foundation,” “we,” and “us” mean the Chordoma Foundation and its affiliates and subsidiaries.
- “The Chordoma Foundation content” means the contents of the Chordoma Foundation Online Community and materials available on the Chordoma Foundation website, including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Chordoma Foundation content.
- “Personal information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate an individual, such as: name, address, email address, or phone number. Information that has been anonymized so that it does not allow a third party to easily identify a specific individual is not personal information.
- “Post” or “posting” includes the act of submitting, uploading, publishing, displaying, or similar action on the Chordoma Foundation Online Community.
- “Released parties” include the Chordoma Foundation and its affiliates, officers, employees, agents, partners, and licensors.
- “User content” means the content of the Chordoma Foundation Online Community that is posted by users or third-party service providers.
- “You” and “users” mean all visitors to the Chordoma Foundation Online Community and the Chordoma Foundation’s website.
- “Your user content” includes any information or content you create, post, and share on the Chordoma Foundation Online Community or the Chordoma Foundation’s website.
Binding Agreement
These Terms constitute the entire agreement between you and the Chordoma Foundation concerning your use of the Chordoma Foundation Online Community. The Chordoma Foundation’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Revisions to Terms
The Chordoma Foundation may revise these Terms at any time by posting an updated version without notice to users. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Chordoma Foundation Online Community after a change to these Terms constitutes your binding acceptance of these Terms.
Use of the Chordoma Foundation Online Community
The Chordoma Foundation Online Community provides an online platform for interacting with other users and for accessing the information and interactive community services offered by the Chordoma Foundation.
Non-Commercial Use
You may use the Chordoma Foundation Online Community for non-commercial purposes only.
When you use the Chordoma Foundation Online Community, you agree not to do any of the following:
- Promote products or services;
- Harvest information for commercial purposes; and
- Advertise or market any good or service without advance, written agreement with the Chordoma Foundation.
Contacting Chordoma Foundation Online Community Users for Media or Research Purposes
You may not contact Chordoma Foundation Online Community users for media or research purposes.
You may contact the Chordoma Foundation and request permission to inquire with Chordoma Foundation Online Community users regarding potential interest in a media interview or research study. Grant or denial of your request is in the sole discretion of the Chordoma Foundation. The Chordoma Foundation will not provide personal information of users in response to such requests without advance permission from the user.
For Educational and Informational Purposes Only
You assume full risk and responsibility for your use of information obtained through the Chordoma Foundation Online Community.
The Chordoma Foundation and the Chordoma Foundation Online Community provide information, not medical, legal, or psychological advice, diagnoses, or treatment. The Chordoma Foundation Online Community may provide helpful health-related information, but it is not intended to substitute for professional advice, diagnoses, or treatment, or your judgment.
Educational Information Only
You acknowledge that all of the information and content on the Chordoma Foundation Online Community is provided “as is” for educational and informational purposes only. To the maximum extent permitted under applicable law, you assume full risk and responsibility for the use of or reliance on information you obtain from or through the Chordoma Foundation Online Community or the Chordoma Foundation.
The Chordoma Foundation is Not Required to Comply with HIPAA
You understand and acknowledge that the Chordoma Foundation is NOT providing you with “covered health services” such as the term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”). Any information that you provide to the Chordoma Foundation through the Chordoma Foundation Online Community will NOT be deemed in any way “protected health information,” and as such, the Chordoma Foundation shall NOT be obligated to handle that information in a manner required by HIPAA. You acknowledge and agree that you will never assert against the Chordoma Foundation any claims arising under HIPAA.
No Patient or Client Relationship
You understand and acknowledge that you are not a patient or client of the Chordoma Foundation or the Chordoma Foundation Online Community.
Your use of the Chordoma Foundation Online Community does not create a patient or client relationship with the Chordoma Foundation. You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues.
Never disregard professional advice or delay in seeking it because of information you read on the Chordoma Foundation Online Community or the Chordoma Foundation website.
If you think you may have a medical emergency, call your doctor or 911 immediately.
We do not recommend or endorse any provider of health care or health-related products, tests, opinions, procedures, items, or services.
User Content
You are responsible for your actions when using and relying on the Chordoma Foundation Online Community.
The Chordoma Foundation does not endorse or represent or guarantee the truthfulness, accuracy, or reliability of user content. You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Chordoma Foundation Online Community you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
To the maximum extent permitted under applicable law, you assume all risks associated with your user content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability, if, for example, your user content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
No User Screening
The Chordoma Foundation is not responsible for screening users or verifying profile information provided through the Chordoma Foundation Online Community. The Chordoma Foundation is not responsible for the conduct of users of the Chordoma Foundation Online Community, including the content of messages posted by users. Contact the Chordoma Foundation to notify us of inappropriate or illegal conduct or content you encounter on the Chordoma Foundation.
Monitoring and Termination of Users
The Chordoma Foundation has the right to monitor user activities and information.
The Chordoma Foundation has the right to, in its sole discretion, terminate a user account and/or remove content for any reason or no reason.
Public Areas of the Chordoma Foundation Online Community Are Not Private
Carefully consider what you post to the Chordoma Foundation Online Community and make available to other users. Another user could use the information you post to the public areas of the Chordoma Foundation Online Community in a negative manner.
These Terms and the Privacy Policy apply to all user data in the Chordoma Foundation Online Community, including any data files you obtain from your healthcare provider and post or send through the Chordoma Foundation Online Community.
Information you post to the public areas of the Chordoma Foundation Online Community may be accessed or viewed by other users. You agree that you will not post to any public areas of the Chordoma Foundation Online Community any information you would not want to be publicly available. We urge you to carefully consider potential consequences of posting information on public areas of the Chordoma Foundation Online Community prior to posting. For example, employers, insurance companies, or others may discriminate based on health information.
Information About Others
You must keep personal information you receive through the Chordoma Foundation Online Community confidential, including personal information related to other users, and you agree not to give such information to anyone without prior written permission from the person who provided it to you.
You agree not to post negative information about health care professionals, including information related to your interactions with them.
Eligibility to Use the Chordoma Foundation Online Community
You must be over 18 years old or have the permission of a parent or guardian to use the Chordoma Foundation Online Community. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Chordoma Foundation Online Community. You may not use the Chordoma Foundation Online Community if you are under 13 years old. No part of the Chordoma Foundation Online Community is directed to persons under the age of 13.
Your Account
You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Chordoma Foundation Online Community. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You agree to use reasonable efforts to prevent unauthorized access or use of the Chordoma Foundation Online Community and to preserve the confidentiality of your log-in credentials, and any device you use to access the Chordoma Foundation Online Community.
You agree to contact the Chordoma Foundation if you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party. You will be solely responsible for the losses incurred by the Chordoma Foundation and others due to any unauthorized use of your account.
Communications
The Chordoma Foundation may communicate with you by email or by posting notice on or through the Chordoma Foundation Online Community.
You agree to receive email from us at the email address you provided to us when creating your account.
Electronic Notices
By using the Chordoma Foundation Online Community and/or providing personal information to the Chordoma Foundation in any manner, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Chordoma Foundation Online Community. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on or through the Chordoma Foundation Online Community or sending an email to you. You may have a legal right to receive the notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify the Chordoma Foundation in writing.
Licenses
All Chordoma Foundation content and the collection, arrangement, and assembly of Chordoma Foundation content are the property of the Chordoma Foundation or its licensors and are protected under copyright, trademark, and other laws.
License To You
We authorize you, subject to your continued compliance with all of these Terms, to access and use the Chordoma Foundation Online Community and the Chordoma Foundation content solely for personal use, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of Chordoma Foundation content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Chordoma Foundation content on any copy you make of Chordoma Foundation content.
The Chordoma Foundation Marks
The Chordoma Foundation, the Chordoma Foundation logo, and other Chordoma Foundation logos and product and service names, including Chordoma Connections, are or may be trademarks of the Chordoma Foundation (the “Chordoma Foundation marks”). Without our prior written permission, you agree not to display or use in any manner the Chordoma Foundation marks.
Users Own Their Content
The Chordoma Foundation claims no ownership or control over your user content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Chordoma Foundation Online Community. You are responsible for protecting those rights. The Chordoma Foundation reserves the right to refuse to accept, post, display, or transmit any user content in its sole discretion.
The Chordoma Foundation’s License to Your Content
By creating, posting, or sharing your user content on or through the Chordoma Foundation Online Community, and subject to the Chordoma Foundation’s Privacy Policy, you expressly grant the Chordoma Foundation a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, and modify your user content to provide the Site and services offered through the Site, and as otherwise contemplated by the Chordoma Foundation’s Privacy Policy. The Chordoma Foundation will not disclose your name or personally identifiable information about you to a third party for the third party’s marketing purposes without your written permission to do so.
You also grant each user of the Chordoma Foundation Online Community a non-exclusive license to access your user content through the Chordoma Foundation Online Community.
You Acquire No Ownership of Others’ Content
You understand and agree that you will not obtain, as a result of your use of the Chordoma Foundation Online Community, any right, title, or interest in or to such content delivered via the Chordoma Foundation Online Community or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
The Chordoma Foundation Online Community contains content from users and other Chordoma Foundation licensors. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Chordoma Foundation Online Community.
You Must Have Rights to the Content You Post
You represent and warrant that:
- You own the content posted by you on or through the Chordoma Foundation Online Community or otherwise have the right to grant the license set forth in these Terms;
- The posting and use of your user content on or through the Chordoma Foundation Online Community does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and
- The posting of your user content on the Chordoma Foundation Online Community does not result in a breach of contract between you and a third party.
You agree to pay all royalties, fees, and other monies owing any person by reason of content you post on or through the Chordoma Foundation Online Community.
Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DCMA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. Copyright Law.
If you believe in good faith a user violated your copyright using the Chordoma Foundation Online Community, or if you believe someone incorrectly reported that you violated his or her copyright, inform the Chordoma Foundation immediately in writing, requesting that the material be removed or access to it blocked. The written notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Chordoma Foundation Online Community are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Chordoma Foundation to locate the material on the Chordoma Foundation Online Community;
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Chordoma Foundation’s copyright agent for notice claims of copyright infringement can be reached as follows:
Chordoma Foundation
Attn: Tammy Silverthorne
PO Box 2127
Durham, NC 27702
tammysilverthorne@chordomafoundation.org
(919) 809-6779
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DCMA permits you to send the Chordoma Foundation a counter-notice.
Visit http://www.loc.gov/copyright for details on the current statutory requirements notice and counter-notices must meet. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice, as there are penalties for false DCMA claims.
Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the Chordoma Foundation Online Community. However, if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), the Chordoma Foundation shall:
- Own, exclusively, all now known or later discovered rights to the creative ideas;
- Not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- Be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensating you or any other person.
Community Guidelines
You agree to use the Chordoma Foundation Online Community for its intended purpose. You must use the Chordoma Foundation Online Community in compliance with all applicable laws. Please also refer to the Chordoma Connections Community Guidelines, which are incorporated herein by reference.
The following uses of the Chordoma Foundation Online Community are prohibited. You may not:
- Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Chordoma Foundation Online Community, user accounts, or the technology and equipment supporting the Chordoma Foundation Online Community;
- Use data mining, robots, or other data gathering devices on or through the Chordoma Foundation Online Community, unless specifically allowed by these Terms;
- Harvest or otherwise collect or store Personal Information about other users;
- Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- Disclose personal information about another person or harass, stalk, abuse, or post irrelevant or objectionable material;
- Attempt to communicate with users who have expressed the desire that you not communicate with them;
- Post photographs or videos of or with someone unless you have their explicit permission;
- Disrupt the normal flow of dialogue occurring on the Chordoma Foundation Online Community, such as by causing a screen to “scroll” faster than other users of the Chordoma Foundation Online Community are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time communications;
- Sell, transfer, or assign any of your rights to use the Chordoma Foundation Online Community to a third party without our express written consent;
- Post advertising, marketing, or spam links or content, except as specifically allowed by these Terms (posting the same not more than once can be considered spam);
- Use the Chordoma Foundation Online Community in an illegal way or to commit an illegal act in relation to the Chordoma Foundation Online Community or that otherwise results in fines, penalties, and other liability to the Chordoma Foundation or others; or
- Access the Chordoma Foundation Online Community from a jurisdiction where it is illegal or unauthorized.
Consequences of Violating These Terms
We may change, suspend, or discontinue any aspect of the Chordoma Foundation Online Community at any time, including hours of operation or availability of the Chordoma Foundation Online Community or any feature, without notice or liability.
The Chordoma Foundation reserves the right to suspend or terminate your account and/or prevent access in the future to the Chordoma Foundation Online Community at any reason or no reason, at our discretion, without notice or liability.
The Chordoma Foundation and its designees may review and remove any user content at any time for any reason, including for activity which, in its sole judgment: violates these Terms, violates applicable laws, rules, or regulations, is abusive, disruptive, offensive, or illegal; or violates the rights of, or harms and threatens the safety of, users of the Chordoma Foundation Online Community.
You are responsible for any claims, fees, fines, penalties, or other liability incurred by the Chordoma Foundation or others caused by or arising out of your breach of these Terms and your use of the Chordoma Foundation Online Community.
User Disputes
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Chordoma Foundation Online Community. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release the Chordoma Foundation of all claims, demands, and damages in disputes among users of the Chordoma Foundation Online Community. You also agree not to involve the Chordoma Foundation in such disputes. Use caution and common sense when using the Chordoma Foundation Online Community.
Content Accuracy
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Chordoma Foundation Online Community. We make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Chordoma Foundation Online Community. Use the Chordoma Foundation Online Community at your own risk.
Third-Parties
The Chordoma Foundation Online Community may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
The Chordoma Foundation Online Community may allow you to use the third-party content and functionality. You use such content and functionality subject to such third parties’ terms and conditions.
Disclaimer of Warranties
You use the Chordoma Foundation Online Community at your own risk. We make no warranties and guarantees.
You expressly understand and agree that:
- Your use of the Chordoma Foundation Online Community is at your sole risk, and the Chordoma Foundation Online Community is provided on an “as is” and “as available” basis and the released parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties as to products or services offered by businesses listed on the Chordoma Foundation Online Community, implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
- The released parties make no warranty that:
- The Chordoma Foundation Online Community will meet your requirements;
- The Chordoma Foundation Online Community will be uninterrupted, timely, secure, or error-free;
- The information that may be obtained from the use of the Chordoma Foundation Online Community will be accurate or reliable;
- The quality of any goods or service available on the Chordoma Foundation Online Community will meet your expectations; and
- Any errors in the Chordoma Foundation Online Community will be corrected; and
- Any material downloaded or otherwise obtained through the use of the Chordoma Foundation Online Community is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.
Limitation of Liability and Indemnification
To the maximum extent permitted under applicable law, you expressly understand and agree that the released parties shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary loss or damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or personal injury or death (even if the Chordoma Foundation has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the Chordoma Foundation Online Community;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the Chordoma Foundation Online Community;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any user or third party on the Chordoma Foundation Online Community;
- Your reliance on content made available by us; or
- Any other matter relating to the Chordoma Foundation Online Community.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the fullest extent permitted under applicable law, the released parties’ maximum liability arising out of or in connection with the Chordoma Foundation Online Community or your use of Chordoma Foundation content, regardless of the cause of action, will not exceed $100.
You agree to defend, indemnify, and hold harmless the released parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:
- Your use of or reliance on any third-party content;
- Your use of or reliance on any Chordoma Foundation content; or
- Your breach of these Terms.
These terms and the relationship between you and the Chordoma Foundation shall be governed by the laws of the state of North Carolina without regard to its conflict of law provisions. You and the Chordoma Foundation agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Chordoma Foundation Online Community under the rules of the American Arbitration Association. Any such arbitration shall be conducted in North Carolina. You covenant not to sue the Chordoma Foundation in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Chordoma Foundation Online Community or these terms:
- You are giving up your right to have a trial by jury;
- You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
- You must file any claim within one year after such claim arose or it is forever barred.
Effective Date: November 28, 2017
Last Updated: December 1, 2018