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TERMS OF USE

Terms of Use

Thank you for visiting www.arthritis.org and/or our mobile apps (collectively, the “Sites”), all of which are offerings of the Arthritis Foundation.  By accessing or using a Site, you agree to be bound by these Terms of Use.  If you do not agree to the Terms of Use, you may not access or use any Site. 

1. ELIGIBLE USERS

Each Site is intended for use only by adults, except any pages within a Site that expressly provide that they are intended for use by individuals under the age of 18.  If you are under the age of 18 but at least 13 years old, you may use those pages, but only if (a) your use has been approved by your parent or legal guardian, and (b) he or she has agreed to the Terms of Use on your behalf.  Under no circumstances may a minor under the age of 13 use a Site without parental supervision during use.

If you are a parent or legal guardian of a minor who is permitted to use a Site pursuant to the preceding paragraph, you represent and warrant to the Arthritis Foundation that you have the legal capacity to agree to the Terms of Use on the minor’s behalf, and you agree that you are and will be fully liable and responsible for any access to and use of the Site by the minor. 

Each Site is further intended for use only by individuals who access the Site from within the United States of America.

2. PERMISSIBLE USE

The purpose of each Site is to provide information, support and resources to individuals living with arthritis or related medical conditions, their families and friends, and others interested in our cause.  We hope you find our Sites informative and engaging.  You may use the Site for personal, non-commercial purposes only.  

There are some ground rules for your access to and use of a Site which we feel are important to protect our rights and to establish and maintain a positive and productive environment for our users.  As a result, the following restrictions apply to your access and use:

(a) No Illegal, Harmful, or Offensive Use or User Content.  You may not use, or encourage, promote, facilitate or instruct others to use, a Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available User Content (which we define in Section 6 below) that is illegal, harmful, inaccurate, fraudulent, infringing or offensive. Prohibited activities and User Content include:

  • Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including: (i) impersonating or otherwise misrepresenting affiliation, connection or association with, any person or entity, or (ii) offering or disseminating fraudulent goods, services, communications, schemes, or promotions, such as make-money-fast schemes, ponzi or pyramid schemes, phishing, or pharming.
  • Infringing User Content. User Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Offensive User Content. User Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
  • Harassment. “Stalking” or otherwise harassing any person, or contacting any person who has requested not to be contacted.
  • Harmful User Content. User Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
  • Content Scraping or Harvesting.  Harvesting or otherwise collecting information about Arthritis Foundation users, including email addresses and phone numbers, or using or attempting to use any automated engine, software, tool, agent, or other device or mechanism (including bots) to harvest, scrape, or extract or otherwise collect Content (which we define in Section 8 below) from the Site.

(b) No Security Violations.  You may not use a Site to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

  • Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  • Interception. Monitoring of data or traffic on a System without permission.
  • Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  • Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.

(c) No E-Mail or Other Message Abuse.  You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”) through a Site or to other users identified through access to a Site, including commercial advertising and informational announcements. 

(d) Our Monitoring and Enforcement.  We reserve the right, but do not assume the obligation, to investigate any violation of these Terms of Use or misuse of a Site.  We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate user information. 

3. NO PRACTICE OF MEDICINE OR MEDICAL ADVICE

The Arthritis Foundation is not engaged in the practice of medicine and does not provide medical advice or services through a Site or otherwise.  The Sites are not a substitute for the advice of a medical professional, and the information made available on or through a Site should not be relied upon when making medical decisions, or to diagnose or treat any medical condition. We encourage you to consult with a medical professional concerning any medical or health-related questions you may have. You should never disregard medical advice, delay visiting a medical professional, or deviate from a treatment plan prescribed or recommended to you by your medical professional because of something you have read on a Site.  You agree that we have no responsibility to provide medical advice or to take any medically related action in response to any information you provide on a Site.  

The Arthritis Foundation does not make, and should not be deemed to make, recommendations for a specific health care provider or treatment, and does not provide any guarantees for the outcome of any treatment you may receive.  The Arthritis Foundation does not endorse any products, treatments or clinical trials or studies that may appear on a Site or on any third-party sites.  The acceptance of advertising on Arthritis Foundation websites, mobile apps or other software offerings does not constitute or imply an endorsement of any advertised product, treatment or clinical trial. The Arthritis Foundation accepts no responsibility for any claims made in any advertisement and cannot guarantee the accuracy of the information about any product, treatment or clinical trial describe on the Site.

4. RESPONSIBILITY FOR ACCESS CREDENTIALS

A Site may require the use of a user name, password or other access credentials to register or otherwise to access and use certain Site features or tools.  You are responsible for maintaining the confidentiality of your access credentials and for any use of a Site by any users using your access credentials.  You agree to notify the Arthritis Foundation immediately of any unauthorized use of your account, user name, or password.  

5. INTERACTIVE FEATURES OF www.arthritis.org 

Certain features or tools on a Site will enable you to interact and communicate with other members and users.  All communications through a Site with third parties are public.  Please use reasonable precautions when using any interactive feature or tool and before you share any information with any other members or users.  The Arthritis Foundation assumes no liability for the acts, omissions or communications of any members or users of a Site.  

You understand and agree that we may monitor, intercept, store, use, analyze, and review the contents of any communications you submit through a Site for any purpose and disclose the contents of such communications to law enforcement or others.

6. USER CONTENT

The Site may offer you opportunities to upload, post or enter information, images, communications or other content or provide feedback regarding a Site or our services (“User Content”).  When users upload, post or enter User Content, it is important that we have the ability to use that User Content to operate and improve the Site, offer services through the Site, comply with law, protect our interests and the interests of our other members, and for other purposes in our sole discretion.  As a result you acknowledge and agree that (a) such User Content will not be considered confidential or proprietary to you, (b) the Arthritis Foundation is under no obligation to keep such User Content confidential, and (c) subject to our Privacy Notice the Arthritis Foundation has and will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such User Content in any manner it chooses.  We reserve the right, but do not have an obligation, to access, monitor, inspect, modify, or remove User Content in our sole discretion.  We may also share User Content with law enforcement or other third parties if we feel appropriate for legal compliance or other purposes.

You agree that you have the necessary rights and licenses to upload or post the User Content to or enter the User Content on the Site, and that you will not to upload, post or enter any User Content to the Site in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. 

7. THIRD-PARTY CONTENT AND LINKS TO THIRD PARTY SITES

A Site may contain Content generated or published by third parties including opinions, communications, surveys and advertisements, and links to third party sites.  The Arthritis Foundation does not: (a) guarantee the accuracy, completeness, or usefulness of any third-party content on a Site or any third party site; or (b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of a Site or any third party site.   You should exercise reasonable precautions when linking to any third party sites.  Your access to any third party site is at your own risk.  The Arthritis Foundation is not responsible for the information practices or content of such sites.  We encourage you to review the terms of use and privacy policy of each third-party site you visit.

8. LICENSE AND OWNERSHIP

All Arthritis Foundation and third party content on a Site (“Content”), and all intellectual property rights in and to the Site and the Content, are the sole property of the Arthritis Foundation or third parties.  The Content is protected by copyright and other laws of the United States and other countries.  Elements of the Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part.  All custom graphics, icons, and other items that appear on a Site are trademarks, service marks or trade dress ("Marks") of the Arthritis Foundation or other entities that have granted the Arthritis Foundation the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of the Arthritis Foundation.  You agree that any goodwill in the Arthritis Foundation Marks generated as a result of your use of a Site will inure to the benefit of Arthritis Foundation, and you agree to assign, and hereby do assign, all such goodwill to Arthritis Foundation.  You shall not at any time, nor shall you assist others to, challenge the Arthritis Foundation’s right, title, or interest in or to, or the validity of, the Marks.  Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the intellectual property of a Site in any way without the Arthritis Foundation's or the appropriate third party's prior written permission.  

The Arthritis Foundation grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site and the Content only in the manner expressly permitted by the Arthritis Foundation. Except for this limited license, the Arthritis Foundation does not convey any interest in or to a Site, Content, or any other the Arthritis Foundation property by permitting you to access the Site.  Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Arthritis Foundation. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by the Arthritis Foundation.  Except as expressly provided herein, the Arthritis Foundation does not grant to you any express or implied rights to the Arthritis Foundation's or any third party's intellectual property.

We may change or remove Content, features or functions of a Site at any time in our sole discretion without obligation or liability to you.

9. CLAIMS OF COPYRIGHT INFRINGEMENT

The Arthritis Foundation respects the copyrights of others and does not knowingly infringe upon these rights.  If you believe that your work has been copied and is accessible on a Site in a manner that constitutes copyright infringement, please notify us by written notice as provided below.  Your notice must include the information listed in the Digital Millennium Copyright Act, 17 U.S.C. § 512.  We will process and respond to your notice as required by law.  

Attn: Copyright Agent

Arthritis Foundation Inc.

1355 Peachtree St NE, 6th Floor

Atlanta, GA 30309 [email protected].

10. DISCLAIMERS; LIMITATION OF LIABILITY

(a) No Warranties

THE ARTHRITIS FOUNDATION MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING A SITE OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK.  EACH SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS.  THE ARTHRITIS FOUNDATION, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  THE ARTHRITIS FOUNDATION AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF A SITE.  NO INFORMATION OBTAINED BY YOU FROM A SITE SHALL CREATE ANY WARRANTY BY THE ARTHRITIS FOUNDATION.  THE ARTHRITIS FOUNDATION SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY UNAVAILABILITY OF A SITE OR FOR ANY LOSS OF DATA OR TRANSACTIONS CAUSED BY PLANNED OR UNPLANNED SYSTEM OUTAGES OR THE RESULTANT DELAY, MISDELIVERY OR NONDELIVERY OF INFORMATION CAUSED BY SUCH SYSTEM OUTAGES, OR ANY THIRD PARTY ACTS OR ANY OTHER OUTAGES OF WEB HOST PROVIDERS OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO A SITE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. 

YOU AGREE AND ACKNOWLEDGE THAT THESE DISCLAIMERS AND EXCLUSIONS ARE FAIR AND REASONABLE.

(b) Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT THE ARTHRITIS FOUNDATION IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, THE ARTHRITIS FOUNDATION IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ARTHRITIS FOUNDATION, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT A SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ARTHRITIS FOUNDATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE MAXIMUM LIABILITY OF ARTHRITIS FOUNDATION AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE $50.00.  YOU AGREE THAT THESE LIMITATIONS OF LIABILITY ARE FAIR AND REASONABLE, REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ARTHRITIS FOUNDATION AND YOU.  A SITE AND ITS CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

11. INDEMNIFICATION FOR CLAIMS AGAINST THE ARTHRITIS FOUNDATION

You agree to defend, indemnify and hold harmless the Arthritis Foundation and its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suites, and causes of action (collectively, “Claims”), and resulting losses, costs, liabilities, damages, penalties, judgments, fees, costs, and awards, including reasonable attorney’s fees, arising out of or relating to your violation of these Terms of Use or applicable law in accessing a Site.  The Indemnified Parties may assume or participate in the defense of any Claim.  You may not settle any Claim without the prior written consent of the Arthritis Foundation.

12. EXPORT CONTROL

The Arthritis Foundation and its Sites are based in the United States.  The United States and certain other jurisdictions control the export of products and information.  You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software) to countries or persons prohibited under the United States or other applicable export control laws or regulations.  If you access and download Content (including any software), you represent that you are not in a country where such export is prohibited and are not a person or entity to which such export is prohibited.  You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software). 

13. GOVERNING LAW; EXCLUSIVE JURISDICTION; LIMITATION ON CLAIMS

To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Georgia, U.S.A. excluding (a) Georgia's conflicts of laws principles, (b) the United Nations Convention on Contracts for the International Sale of Goods, (c) the 1974 Convention on the Limitation Period in the International Sale of Goods, and (d) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.  To the fullest extent permitted by law, the controlling language for these Terms of Use is English.  Any translation has been provided for your convenience, and you may view the English language version by (i) returning to the home page for the country that you have selected, (ii) selecting the English link at the top of the page, and (iii) then clicking on the link to the Terms of Use located at the bottom of the page.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY NON-ARBITRABLE CLAIM, DISPUTE, CAUSE OF ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA.  YOU EXPRESSLY WAIVE AND AGREE NOT TO ASSERT ANY DEFENSE OR OBJECTION OF LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS IN ANY SUCH CLAIM, DISPUTE OR PROCEEDING BROUGHT IN OR TRANSFERRED TO ANY SUCH COURT.  

YOU MUST BRING ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE CONTENT WITHIN ONE (1) YEAR AFTER SUCH CLAIM, DEMAND, SUIT OR CAUSE OF ACTION AROSE.  ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION THAT YOU DO NOT BRING WITHIN SUCH TIME PERIOD WILL BE DEEMED WAIVED AND WILL BE FOREVER BARRED.

14. ARBITRATION; LITIGATION

(a) Requirement of Arbitration.

You agree that any dispute, of any nature whatsoever, between you and Arthritis Foundation arising out of or relating to this Agreement, shall be decided by neutral, binding arbitration before a representative in Atlanta, GA through a forum chosen by the Arthritis Foundation (unless you and Arthritis Foundation mutually agree to a different arbitrator), who shall render an award in accordance with the substantive laws of Georgia. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgement. The arbitrator shall award costs (including, without limitation, arbitration fees, and reasonable attorney’s fees) to the prevailing party.

(b) Remedies in Aid of Arbitration; Equitable Relief.

This agreement to arbitrate will not preclude you or Arthritis Foundation from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Arthritis Foundation from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE SOLE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION WILL BE THE FEDERAL AND STATE COURTS LOCATED IN ATLANTA, GEORGIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

(c) Recovery of Legal Fees and Costs.

If Arthritis Foundation, in Arthritis Foundation’s discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Arthritis Foundation will be entitled to recover from you as part of such legal action, and you agree to pay, Arthritis Foundation’s reasonable costs and attorneys’ fees incurred as a result of such legal action.

15. TERMINATION

You agree that the Arthritis Foundation, in its sole discretion, may terminate or suspend your use of any Site and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others.  Upon such suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Content.  Accessing a Site after such termination, suspension or discontinuation shall constitute an act of trespass.  Further, you agree that the Arthritis Foundation shall not be liable to you or any third party for any termination or suspension of your access to a Site.  Sections 3 (No Practice of Medicine or Medical Advice), 4 (Responsibility for Access Credentials), 5 (Interactive Features of www.arthritis.org), 6 (User Content), 7 (Third-Party Content and Links to Third Party Sites), 8 (License and Ownership) (excluding the license granted by the Arthritis Foundation in Section 8), 9 (Claims of Copyright Infringement), 10 (Disclaimers; Limitation of Liability), 11 (Indemnification for Claims against the Arthritis Foundation), 13 (Governing Law; Exclusive Jurisdiction; Limitation on Claims), 14 (Arbitration), 15 (Termination), 17 (Changes to the Terms of Use), and 18 (General) of these Terms of Use will survive any termination.

16. PERSONAL INFORMATION AND PRIVACY

The Arthritis Foundation Privacy Notice provides information about the Arthritis Foundation’s practices with respect to the collection, use and sharing of personal information.  For questions about the Arthritis Foundation’s privacy practices, please see the Privacy Notice.  

17. CHANGES TO THE TERMS OF USE

We may make changes over time to the Terms of Use.  Your continued use of a Site following our publication of the updated Terms of Use on or through www.arthritis.org constitutes your assent to any such changes.    

18. GENERAL

These Terms of Use are an integrated agreement and constitute the entire agreement and understanding between you and the Arthritis Foundation regarding your access to and use of its Sites.  All prior or contemporaneous agreements or understandings regarding your access to and use of a Site which are not set forth in these Terms of Use are superseded by and merged into these Terms of Use.  The headings in these Terms of Use are for convenience only and shall not affect the interpretation of any of the provisions of these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.  You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use.  We may, in our sole discretion, transfer, delegate, or assign our rights and obligations under these Terms of Use to others without notifying you or obtaining your consent.  You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document.  

 

Revised April 27, 2021

 

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