Online Service Agreement
THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA (LFNC) formerly known as THE BAY AREA LUPUS FOUNDATION (BALF) is a Non Profit Organization. BY ACCESSING OR USING LFNC’s web site, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "agreement"). IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE BALF’s web site. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU AT OUR OPTION. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF BALF’s WEB SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. DISCLAIMER
The information contained in LFNC’s web site is presented for the purpose of educating consumers on wellness and disease management topics. Nothing contained in LFNC’s web site is intended to be instructional for medical diagnosis or treatment. The information should NOT be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should NOT be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained in LFNC’s web site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read in LFNC’s web site.
The information contained in LFNC’s web site is compiled from a variety of sources ("Information Providers"). Neither THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA nor Information Providers directly or indirectly practice medicine or dispense medical services as part of LFNC’s web site.
THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA SERVICES and INFORMATION (the "SERVICES") accessed through LFNC’s web site ARE provided "AS IS" without warranty, express or implied. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the SERVICES. There are no warranties which extend beyond the description on the face OF THIS AGREEMENT. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA and Information Providers do not warrant or guarantee that the functions or Services performed in LFNC’s web site will be uninterrupted or error-free or that defects in LFNC’s web site will be corrected. Users of LFNC’s web site are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to LFNC’s web site for the reconstruction of any lost data.
2. OTHER SITES
You are encouraged to use discretion while browsing the Internet on searches initiated at LFNC’s web site. LFNC’s web site links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA and Information Providers make no representations concerning any effort to review all of the content of sites listed in its catalog (indeed, given the number of results from any browsing which starts with a BALF’s web site link that would be practically impossible).
3. REVIEW OF POSTINGS & UPLOADS
THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA does not and cannot review all communications and materials posted or uploaded to BALF’s web site and are not responsible for the content of these communications and materials. However, THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
4. LIMITED LICENSE
By this Agreement, THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use LFNC’s web site in real time and to use the materials in LFNC’s web site in a manner consistent with paragraph 11 (Copyright) below.
5. USER’S AGREEMENT
You agree to: (a) maintain all equipment required for your access to and use of LFNC’s web site; (b) maintain the security of your user identification, password and other confidential information relating to your LFNC’s web site user access and (c) be responsible for all charges resulting from use of your LFNC web site user access, including unauthorized use prior to your notifying THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA of such use and taking steps to prevent its further occurrence by changing your password.
6. ON-LINE COMMUNICATIONS
6.01 Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA cannot and does not screen content provided by you to THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA. Notwithstanding the foregoing, THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA reserves the right to monitor content on LFNC’s web site and to remove content, which THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA’s other operating policies for users of LFNC’s web site ("Users").
6.02 You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use LFNC’s web site as permitted by this Agreement, THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA’s operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the LFNC’s web site area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA’s operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available and/or will be made available online. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
6.03 You are responsible for your communications and your use of LFNC’s web site. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to LFNC’s web site with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use LFNC’s web site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or make any unsolicited offer to sell goods or services to other Users, use as a unsolicited mass distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or LFNC’s web site; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or LFNC’s web site; (m) use LFNC’s web site in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to LFNC’s web site the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA); (o) falsely purport to be an employee or agent of THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of BALF’s web site, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in LFNC’s web site, nonetheless, THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA reserves the right to take such action as it deems appropriate in cases where LFNC’s web site is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on LFNC’s web site, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
7. PRIVACY POLICY
Users of this site expressly agree to the terms set forth in the LFNC’s web site Privacy Statement, which contains a detailed description of the information gathering and dissemination, practices for the LFNC’s web site. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA considers its users' privacy to be of the utmost importance.
8. OPERATION
THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA reserves complete and sole discretion with respect to its web site. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA may, among other things: (a) delete email if it has not been accessed by a User within the time established by THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA's policies; (b) subject to Section 6, make available to third parties information relating to THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA and Users; and (c) withdraw, suspend or discontinue any functionality or feature of LFNC’s web site.
THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA will not review the contents of email except as required or allowed by applicable law or legal process.
9. USER REPRESENTATIONS
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use LFNC’s web site in accordance with this Agreement. You agree to be financially responsible for your use of LFNC’s web site (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
10. CONTENT
Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, Channel Partners (“CPs”), or Merchants appearing on LFNC’s web site are not authorized LUPUS FOUNDATION OF NORTHERN CALIFORNIA spokespersons, and their views do not necessarily reflect those of THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA.
11. COPYRIGHT
The entire contents of LFNC’s web site are copyrighted as a collective work under the laws of United States and other copyright laws. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA holds the copyright in the collective work. The collective work includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of LFNC’s web site solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from LFNC’s web site.
12. LICENSES AND IDEA SUBMISSIONS
You agree to grant to THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of LFNC’s web site (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
13. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING LFNC’s web site USING YOUR SERVICE ACCOUNT.
14. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF BALF’s web site. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS, FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF LFNC’s web site.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF LFNC’s WEB SITE ARE HEREBY EXCLUDED EVEN IF THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. THIRD PARTY RIGHTS
The provisions of paragraphs 13 (Indemnification) and 14 (Waiver, Release and Limitation of Liability) are for the benefit THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA and its officers, directors, employees, agents, representatives, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
16. TERMINATION
Either you or THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA may terminate your right to use BALF’s web site at any time, with or without cause, upon notice. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA also reserves the right to terminate or suspend your BALF web site user access without prior notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea Submissions), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall survive any termination of this Agreement.
17. MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA and you for any purpose concerning arising out of or relating to this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of San Jose, Santa Clara County, California, United States.
Any cause of action or claim you may have with respect to THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA must be commenced within one (1) year after the claim or cause of action arises. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. THE LUPUS FOUNDATION OF NORTHERN CALIFORNIA may assign its rights and duties under this Agreement to any party at any time without notice to you.
18. SEVERABILITY
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
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