Last Updated: September, 2014
Welcome to www.mda.org (“Site”), which is operated by the Muscular Dystrophy Association, Inc. (“MDA”, “we”, “us” or “our”). Please read this Terms of Service Agreement (“Agreement”) carefully, as it constitutes legally binding terms and conditions and applies to your use of the Site and all web pages and websites associated therewith together with any other features, functionality, documentation and services offered by us on or through the Site (e.g., online giving, posting features, blogs, apps, badges, etc.) (collectively, the “Services”). This Agreement applies whether you are accessing the Services via a personal computer, a wireless or mobile device or any other technology or device. This Agreement does not cover other services, websites or platforms, or any corresponding content, features, information and activities made available by any other organization or third party, unless specifically stated.
1. Term. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of or registration for the Services at any time, for any reason, and MDA may terminate your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.
2. Modifications. We may modify this Agreement from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We will post or display notices of material changes on the Services (e.g., posting a revised version of this Agreement, etc.) and the form of such notice is at our discretion. Once we post or make them available on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.
3. Compliance. By using the Services, you represent and warrant that (a) you are 13 years of age or older and (b) your use of the Services does not violate any applicable law, rule or regulation. Certain features and functionality of the Services may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a user between the ages of 13 and 18, please review this Agreement with your parent or guardian. Your parent or guardian should agree to this Agreement on your behalf and parental discretion is advised for all users under the age of 18. Further, if you provide information that is untrue, inaccurate, not current or incomplete, or MDA suspects that such information is untrue, inaccurate, not current or incomplete, MDA has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you or any third party.
4. User Registration. In order to access and use certain content, features, or functionality of the Services (e.g., public forums, blogs, applications, donation functionality, promotions, etc.), we may require that you register for the applicable Services and have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include your email address, legal name, date of birth, country of residence, zip code, etc., and, for monetary transactions and purchases (e.g., donations, one-time purchases, etc.) offered by us, your physical address, telephone number(s), applicable payment data and information (e.g., credit card/debit card number and expiration date), etc. (collectively, a “User Account”). You represent and warrant that all registration and other account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered user of the Services, you are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including any monetary transactions. It is therefore critical that you do not share your User Credentials with anyone. It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account, (ii) update, maintain and control access to your User Credentials and User Account, and (iii) if applicable, cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any user of the Services if we believe or suspect there is a question about the identity of the person trying to access any account or element of the Services.
6. Proprietary Rights.
6.1 As between you and MDA, MDA owns, solely and exclusively, all right, title and interest in and to the Services and all content contained and/or made available on, through or in connection therewith (“Content”), and all such Content is protected, without limitation, under domestic and foreign laws, rules, regulations and treaties. The term “Content” includes all reports, manuals, studies, copy, text, audio/visual content, artwork, photographs, illustrations, graphics, logos, computer code, software, music (including the musical compositions therein), data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including the design, selection, sequence, look and feel and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein. Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” also includes “Content”.
6.2 The Services are to be used solely for your non-exclusive, non-assignable, non-transferable, limited, non-commercial, non-business and personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including notices on any Content you transmit, download, display, print, stream or reproduce from the Services. Except as expressly authorized by MDA and set forth in Additional Terms (e.g., Services that allow for the dissemination of certain materials, use of embeddable or viral features, apps, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, or circulate to any third party (including on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of MDA or its owner if MDA is not the owner. Moreover, the framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us in writing is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under domestic and foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your copyrights in your work, please follow the procedures set forth in Section 9 below.
7. User Conduct. You are solely responsible for your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is expressly prohibited. You represent, warrant and agree that, while using the Services, you shall not:
MDA assumes no responsibility for monitoring the Services for inappropriate, false, incorrect, misleading, deceptive, offensive or unlawful content, information, materials or conduct. If at any time MDA chooses in its sole discretion to monitor the Services, MDA nonetheless assumes no responsibility for User Postings (as defined herein), assumes no obligation to modify or remove any User Postings, and no responsibility for the conduct of any user. MDA reserves the right to investigate and take appropriate legal action against anyone who, in MDA’s sole discretion, violates, or is suspected of violating, this Section 7, including reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that MDA may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to your requests for customer or technical service; or (v) protect the rights, property or personal safety of MDA, its affiliates, partners, users and/or any third parties.
8. User Postings.
8.1 The Services may provide you and other users with an opportunity to participate in message, comment, communication and other social networking features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages and other content and information via the Services (each, a “User Posting”, and collectively, “User Postings”). When you submit User Postings you may also be asked to provide information about you and your submission. This may include such things as your User Credentials, information about the User Posting, your location, activities, preferences, photographs, media and/or similar information. By submitting User Postings, you acknowledge and agree that the term “User Posting” also includes and refers to all of the information you submit or we may receive that is related to your User Posting. You further acknowledge and agree that all User Postings made by means of or in connection with any portion of the Services are public and that (a) you have no expectation of privacy in any User Posting and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and MDA by reason of your transmitting a User Posting to any area of or in connection with the Services.
8.2 You acknowledge and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available. User Postings and other certain content made available on or in connection with the Services do not necessarily reflect the views of MDA, its affiliates or partners, and you understand that by using the Services, you may be exposed to other people’s User Postings and other content that could be offensive, indecent or objectionable and, as such, MDA does not guarantee the accuracy, integrity, quality or content of any User Postings or other such content. Under no circumstances shall MDA be liable in any way for User Postings or such other content, including errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
8.3 The Services, including all User Posting features and functionality, are for your personal, non-commercial and non-business purposes only and you may not submit, post, email, display, transmit or otherwise make available, in any manner, any User Posting that we deem to be an Unauthorized Posting (as defined herein). We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings, including any Unauthorized Postings; provided, however, that MDA shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized Posting” means any User Posting that is or may be construed as violating this Agreement, including Section 7 herein, or is deemed to be unacceptable to MDA, as determined in MDA’s sole discretion.
8.4 In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to MDA the unqualified, unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully-paid up and royalty-free right and license, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to MDA, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in this Agreement and granted to MDA shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.
8.5 MDA does not acquire any title or ownership rights in the User Postings that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that (a) you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, emailing, displaying, transmission and/or making available of User Postings does not violate this Agreement, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; (c) you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and conditions; and (d) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Postings.
9. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
Written notification of claimed infringement must be submitted to the following Designated Agent:
Name and Address of Designated Agent:
c/o Gail Kerner, Chief Legal Officer
222 S. Riverside Plaza
Chicago, IL 60606
Email Address of Designated Agent: email@example.com
You acknowledge and agree that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.
10. Availability of Services; Graphic Content. In no event shall MDA be liable for the removal of or disabling of access to any Content, the Services, materials or any features or portions of the Services. Further, you understand that by using the Services, you may encounter Content that may be deemed graphic, offensive, or objectionable by some, which Content may or may not be identified as such. Nevertheless, you agree to use the Services at your sole risk and that MDA shall have no liability to you for Content that may be found to be graphic, offensive or objectionable.
11. Technical Support. For assistance with technical issues related to the Services, please contact firstname.lastname@example.org.
13. Advertisements. From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors or other promotional partners (collectively, “Advertisers”) found on, through or in connection with the Services or via a hyperlinked website, service or platform (e.g., apparel, accessories and other products bearing MDA branding sold by third parties). All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
14. Assignment. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by MDA without restriction, notice or other obligation to you.
15. Indemnity. You agree to defend, indemnify and hold MDA, its affiliates and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation this Agreement or (c) your User Postings. MDA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in each case, you agree to fully cooperate with us upon our request.
16. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
16.1 THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, INCLUDING ALL MEDICAL, DIAGNOSIS, TREATMENT AND HEALTH-RELATED CONTENT AND INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MDA, ITS AFFILIATES, PARTNERS, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES.
16.2 YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING USER POSTINGS AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. FURTHER, WITHOUT LIMITING THE FOREGOING, MDA, ITS AFFILIATES, PARTNERS, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, MADE IN CONNECTION WITH PRODUCT OR SERVICES DOCUMENTATION, FREQUENTLY ASKED QUESTIONS DOCUMENTS, ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU IN CONNECTION WITH THE SERVICES, INCLUDING CORRESPONDENCE WITH MDA, ITS AFFILIATES, PARTNERS OR ITS AGENTS OR OTHERWISE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS, INCLUDING USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT MDA, INCLUDING ITS AFFILIATES, PARTNERS, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIER, ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH THE SERVICES AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
16.3 MEDICAL, DIAGNOSIS, TREATMENT AND HEALTH-RELATED AND OTHER INFORMATION AND CONTENT. FOR PURPOSES OF CLARITY AND THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL MEDICAL, DIAGNOSIS, TREATMENT AND HEALTH-RELATED CONTENT AND INFORMATION MADE AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SERVICES IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 16 AND THROUGHOUT THIS AGREEMENT, AND SUCH INFORMATION AND CONTENT (I) IS MADE AVAILABLE FOR GENERAL INFORMATION PURPOSES ONLY, (II) IS NOT INTENDED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, (III) SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH, OR MEDICAL ADVICE FROM, QUALIFIED HEALTH PROFESSIONALS AND (IV) MAY NOT BE ENDORSED BY, OR OTHERWISE REFLECT THE VIEWS, OPINIONS OR POSITIONS OF, MDA.
17. Governing Law; Miscellaneous.
17.1 This Agreement contains the entire understanding and agreement between you and MDA concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of MDA to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.
17.2 This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the state's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.
17.3 IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
17.4 TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND MDA WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
17.5 The Services are controlled by MDA from its offices in United States of America. MDA makes no representation or warranty that the Services or Content contained on or made available in connection therewith is legal, appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
This Agreement was last modified on the date indicated above and is effective immediately.
Copyright © 2014 MDA, Inc. All rights reserved