- Description of the Services
- User Registration
- Consent to Receive Electronic Communications
- Modifications to the Site, the Services, and this Agreement
- Third-Party Platforms, Services and Content
- Social Media Services
- User Content
- User Conduct
- Proprietary Rights
- Digital Millennium Copyright Act
- Technical Support
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
- Governing Law; Miscellaneous
1. Description of the Services
MDA provides the following services (collectively the “Services”) through the Site:
- Educational materials
- Online giving portal
- Volunteer opportunities
- Advocacy activities
- Summer camp registration
- Virtual Camp activities
- Fundraising information and opportunities
- Information on MDA Care Centers and other NMD patient services
- Links to clinical trials
- Conference and event information
- Blog posts
- Patient story portal
- Information on research and grant opportunities
- Quest Magazine
- MOVR Data Hub
- Annual Reports and Financials
- Community Resources
The above list is not intended to be exhaustive, and the services may change from time to time. This Site and the Services are directed towards residents of the United States and its territories.
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.
3. User Registration
You must be a resident of the United States and its territories to register with the Site.
4. Consent to Receive Electronic Communications
5. Modifications to the Site, the Services, and this Agreement
6. Third-Party Platforms, Services and Content
7. Social Media Services
MDA reserves the right to monitor its social media channels and take the following actions at its sole discretion:
- Adding, removing, or modifying any content;
- Blocking users for posting offensive or harassing content;
- Disabling comments or other interactive activities;
- Discontinuing use of social media handles or merging accounts.
Please refer to Section 8 User Content and Section 9 User Conduct to understand how MDA might use content you submit to its social media channels and the rules governing your conduct when you access MDA’s social media channels.
8. User Content
8.1 Submitting User Content
The Services may provide you and other users with the opportunity to submit, post, email, display, transmit or otherwise make available photos, videos, ideas, opinions and other content and information via the Services (collectively, “User Content”). When you submit User Content 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 Content, your location, your diagnosis, activities, preferences, photographs, media and/or similar information. By submitting User Content, you acknowledge and agree that the term “User Content” also includes and refers to all of the information you submit, or we may receive that is related to your User Content. You further acknowledge and agree that unless explicitly stated otherwise, all User Content submitted 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 Content and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and MDA by reason of your transmitting User Content to the Site or in connection with the Services.
8.2 Responsibility of User Content
User Content is the sole responsibility of the person from which such User Content originated. User Content made available 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 user’s User Content and other content that could be offensive, indecent or objectionable. MDA does not guarantee the accuracy, integrity, quality or content of any User Content. Under no circumstances shall MDA be liable in any way for User Content or such other content, including errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content, including infringement of third party intellectual property rights.
8.3 Review of User Content
MDA has the right, but not the obligation, to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Content; 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.
8.4 License to Use User Content
In connection with all User Content you submit, post, email, display, transmit or otherwise make available through the Services, 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 Content in connection with 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 Content and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.
8.5 Ownership of User Content
Unless we explicitly agree otherwise, MDA does not acquire any title or ownership rights in the User Content, and you continue to retain any such rights that you may have in such User Content, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that (a) you own the User Content 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 Content 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 Content.
9. 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:
- engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, privacy, or other rights of ours or of any other person or entity;
- submit, post, email, display, transmit or otherwise make available through the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- engage in or encourage conduct that affects adversely or reflects negatively on MDA, its affiliates, partners and other related organizations, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising or becoming a supplier to us in connection with the Services;
- submit, post, email, display, transmit or otherwise make available through the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use the Services for commercial or business purposes, including advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website, platform or service;
- modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
- impersonate any person or entity or falsely state or otherwise represent your affiliation with any person or entity;
- modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so; or
- submit, post, email, display, transmit or otherwise make available through the Services any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.
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 Content (as defined herein), assumes no obligation to modify or remove any User Content, 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 9, 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.
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. 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). MDA does not endorse any products or services that are advertised on the Site.
11. Proprietary Rights
11.1 Ownership of Site Content
As between you and MDA and excluding User Content described in Section 8, MDA or third parties own, 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.
11.2 Permitted Use of Content
The Services and the Content 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 any Additional Terms, you shall not 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.
11.3 Intellectual Property
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 12 below.
12. Digital Millennium Copyright Act
MDA respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, please contact the MDA Agent for Notice of copyright claims as follow:
Muscular Dystrophy Association, Inc.
11 E 44th St., 17th Fl.
New York, NY 10017
Tel: (646) 992-4951
By using the Services, you represent and warrant that (a) you are 18 years of age or older and (b) your use of the Services does not violate any applicable law, rule or regulation. 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 use and 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.
14. Technical Support
For assistance with technical issues related to the Services, please contact firstname.lastname@example.org.
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.
16. DISCLAIMERS AND LIMITATIONS OF LIABILITY
16.1 DISCLAIMER OF WARRANTIES
THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, 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 CONTENT ARE HEREBY DISCLAIMED. MDA NEITHER REPRESENTS OR WARRANTS THAT THE SITE AND ITS CONTENT WILL BE AVAILABLE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
MDA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER OR ASSOCIATED COMPUTER EQUIPMENT DUE TO YOUR USE OF THE SITE OR SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND IMPLEMENTING APPROPRIATE SAFEGUARDS FOR ANTI-VIRUS PROTECTION AND DATA RECOVERY.
MDA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PURPOSE, OR ANY WARRANTY THAT THE SITE, THE SERVICES, OR THE CONTENT, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16.2 MEDICAL DISCLAIMER
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 17 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.
16.3 LIMITATION OF LIABILITY
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.
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 Content. 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.
18. Governing Law; Miscellaneous
18.1 Entire Understanding
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.
18.2 Governing Law
MDA is organized under the laws of and has a principal place of business in the State of New York, and the Site is intended for use by residents of the United States and its territories. The Site can be accessed throughout the United States and the world, and each jurisdiction where a user may reside may have laws that are different to and/or conflict with the laws of State of New York. 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.
18.3 WAIVER; TRIAL BY JURY
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.
18.4 WAIVER; CLASS ACTION
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.
18.5 Location of Services
The Services are controlled by MDA from its offices in United States of America. For the purposes of the General Data Protection Regulation (EU) 2016/679 and similar privacy regulations in other countries, this website is directed at U.S. residents only. 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 July 9, 2020 and is effective immediately.