TERMS AND CONDITIONS
Welcome to the JDRF International website (“Site”). This is a complimentary and interactive Site offered by JDRF International (“JDRF”, “we”, “us”, and “our”). There is no charge to use the Site, but by accessing the Site, and using any of the features or services offered on it from time to time, you are agreeing to be bound by the terms and conditions set forth in this User Agreement (“UA”). Please read it carefully and make sure you understand its terms.
I. Description of Services Offered Through the Site and Medical Disclaimer:
JDRF currently provides Site users with access to an extensive amount of resources, including, but not limited to, public forums, health and medical content, online tools, other personalization features, and publication and informational website offerings (the “Services”). JDRF assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.
Further, you acknowledge that the information on this Site is provided “as is” for general information only. This Site does not offer medical advice or recommendations and you should not rely on the information posted on this Site as a substitute for consultations with qualified health care professionals who are familiar with any individual’s medical condition and needs (including yours). Site users are encouraged to consult with their physician or other qualified health care professionals who are familiar with the individual’s specific health situation.
II. Your Representations and Agreements Concerning Your Use of the Site:
A. By agreeing to this UA, you represent and warrant to us at all times that:
- All information you submit is truthful and accurate, and you will promptly update it as it may change from time to time.
- Your use of the Site, including any donations you make, does not and will not violate any laws or regulations that may apply to you, or any agreements that you have with someone else.
- Any content that you insert or upload to the Site does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any person.
B. You also agree to the following:
- You will not use the Services provided by us through the Site for any commercial “for profit” purpose, including advertising or selling any goods or services through the Site, or uploading to, posting, sharing, or otherwise publishing through the Site any content that is commercial in nature.
- You will not operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise.
- You will not upload, post or distribute any content which, in our sole determination, is inappropriate. This includes content that is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law.
- While using the Site, you must comply with all applicable domestic and international laws, statues, ordinances, and regulations, and you will not intentionally or unintentionally violate any applicable local, state, national or international law.
- We may, at our sole discretion and with or without notice to you, remove or edit any content that we deem to be unlawful, obscene, or in violation of this UA. We may, but are not obligated to, remove any other content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights. Our failure to block or remove any content, however, does not mean that we endorse it or make any representation or guarantee regarding such content.
- You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute or upload viruses or any other technologies that may harm us or the interests or property of any of our members or users; bypass our system security measures, interfere with the working of our services or the Site, or impose an unreasonable or disproportionately large load on our infrastructure.
III. Our Proprietary Materials:
A. You may use the Site, including the content on it solely for the purposes stated on the Site itself and as described in this UA.
B. We own all of the intellectual property connected with the Site. This includes, but is not limited to all copyrights, trademarks, patents, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Site, and in all software that we develop in connection with the Site and our Services. You agree not to copy, alter, reverse engineer, distribute, publish, sell, prepare derivative works based on, or commercially exploit the software and/or any content.
C. You may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, reproduce, post, publish, license, hyperlink to, promote, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or content displayed on or obtained from the Site, including any text, logo, graphic, sound, image, photograph or software published on or underlying the Site, in any manner.
D. We reserve the right to edit any photo that you submit to the Site for technical reasons, e.g. to crop it or convert it from color to black and white, in order to meet web site specifications. By submitting or displaying any user content, including photographs or text, on or through the Site or Services, you grant to JDRF a non-exclusive, transferable, unlimited, worldwide, irrevocable, sub-licensable and royalty-free license to publish, host, copy, distribute, modify, create derivative works from, reproduce, display, transmit, or otherwise use in any manner whatsoever all or any portion of your user content for the purposes of optimizing, improving and promoting our Site and Services. You agree this license includes the right to use your name, persona and likeness included in any user content, without any obligation or compensation to you. You further agree this license includes the right for JDRF to publish your user content in a searchable format that may be accessed by other users of the Site or Services. We do not endorse, represent, or guarantee the completeness, accuracy, reliability or usefulness of any user content that you submit to the Site or through the Services.
E. All Site content and functionality, and all software underlying the Site, may be changed or updated by us from time to time, without notice.
IV. Third Party Websites:
The Site may provide links to other websites (each, a “Linked Site”) as a convenience to you. These links do not mean that we review or endorse these Linked Sites or any services offered through them. Such Linked Sites are not maintained by us and we do not monitor or accept any responsibility for them. As such, we are not and will not be responsible for the content, products, services, policies or activities of those Linked Sites. Any dealings that you have with advertisers or other third-parties who may be found on any Linked Site are between you and the third party, for which you assume full responsibility, and you acknowledge that we are not liable for any loss or claim you may have against any such third party. The inclusion of any link to a Linked Site on our Site does not imply an endorsement by JDRF of the Linked Site.
V. Linking From Other Websites:
We may grant the owner of a third party website permission to use a hyperlink to this Site from its website. We are not responsible for the information or materials contained on websites linking to this Site. Links to this Site are provided for convenience of reference only and are not intended as an endorsement by JDRF or a warranty of any type regarding the host website or the information on the host website.
VI. Special Provisions Relating to Members:
If you choose to create an account with us and/or donate on the Site (“Member”) you will need to provide certain information such as a user ID and password. We will also ask you to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, portions of the user profile will be viewable by the general public. You will have the option to disable this feature at any time by changing your preferences in your profile settings. You will be responsible for maintaining the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Member) for access to the Site, and shall not share your ID and password with anyone else. You agree not to use the account, user ID, or password of another Member at any time or to disclose your password to anyone else. You agree to exit (or log-off) from your account at the end of each session and to immediately notify JDRF at email@example.com of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place from the use of your account. You also agree that we or third parties acting on our behalf may send you emails regarding important information regarding your use of the Site and other electronic communications such as newsletters, promotional materials and so on. You may opt out of receiving the newsletters and other promotional messages at any time by clicking the unsubscribe link on the email, but you may not opt-out of receiving important items regarding the use of the Site or your account.
VII. Warranty and Legal Disclaimers:
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties with respect to the information, Services, or message on this Site. We retain the right to restrict use of the Site, in any manner we deem appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JDRF EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JDRF MAKES NO WARRANTY THAT (i) THE SITE OR THE SERVICES ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SERVICES OR THE SITE ARE OR WILL BE CORRECTED.
VIII. Limitation of Liability:
IN NO EVENT SHALL JDRF, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE (COLLECTIVELY “JDRF AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITE OR ANY LINKED SITE (AS DEFINED IN THIS UA), OR INABILITY TO USE THE SITE OR SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE JDRF AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
YOU UNDERSTAND AND AGREE THAT JDRF AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT JDRF AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITE, EVEN IF THERE IS NEGLIGENCE BY JDRF OR AN AUTHORIZED JDRF REPRESENTATIVE, OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
A. This UA is governed by the laws of the State of New York, USA, without regard to its choice of law or conflicts of law provisions, and any controlling United States federal law. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. Any claim or dispute that has arisen or may arise between you and JDRF will be brought exclusively in a state or federal court located in the Borough of Manhattan or the Southern District of New York, New York. You and we agree to submit to the personal jurisdiction of the courts located within the Borough of Manhattan or the Southern District of New York, New York for the purpose of litigating all such claims or disputes.
C. Indemnification: You agree to indemnify and hold JDRF and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of the Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations, warranties and agreements as set forth herein; or (4) any content you provide to the Site.
D. International Use: The Site is controlled and operated from within the United States. We make no representation that the Site is appropriate or available in locations outside the United States. Anyone choosing to access the Site from other locations are responsible for compliance with applicable laws. International visitors must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
E. Assignment: We may assign any of our rights or obligations under this UA to another party without notice or consent for any reason. These terms and conditions in this UA are binding upon the parties’ respective successors and assigns.
F. Contact JDRF: If you have any questions about the Site or this UA, you may contact us via e-mail at onlinesupport@JDRF.org. We are always glad to hear your questions and comments.
G. Entire Agreement: This UA and any other terms and conditions set forth by us from time to time as posted on the Site or through other means that we publish to you, constitute the entire agreement between us and you in connection with your use of the Site, and supersedes any prior agreements between us and you regarding such matters, including prior versions of this UA. We may update this UA from time to time by posting revised versions of it on the Site, without notice to you except that the effective date at the top and at the end of this UA will change and your subsequent use of the Site is governed by that new UA, and constitutes your acceptance of the changed terms.
H. Special Legal Notices:
(1) Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code – We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act (“DMCA”), as it may be amended from time to time. We accommodate and do not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking. Upon receiving proper notification of an alleged infringement by a Site user, we will expeditiously take down or block access to the copyrighted material.
(2) Authorization to Contact You – You agree to receive calls, including autodialed and/or pre-recorded message calls, from us at any of the telephone numbers (including mobile telephone numbers) that we have collected from you, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
- To contact you for reasons relating to your account or your use of our Site (such as to collect money, resolve a dispute, or to otherwise enforce this UA) or as authorized by applicable law.
- We may share your telephone numbers with our service providers who we have contracted with to assist us in pursuing our rights or performing our obligations under this UA, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
This User Agreement was last updated on 5/18/2015.