Occipital Neuralgia Foundation's TERMS OF USE

 

1. Acceptance of Terms and Amendments
Your use of the Site constitutes your full legal acceptance of the Terms.  By using the Site, you also agree to Occipital Neuralgia Foundation, A NJ Nonprofit Corporation’s (“ONF”) Privacy Policy.  You agree that ONF may change these terms from time to time, without notice.  You will always be able to view the most current version here. 

2. Electronic Communications
When you visit the Site or send e-mails to ONF, you are communicating with ONF electronically. You consent to receive communications from ONF electronically and that such communications are equivalent to those in writing.  

3. Intellectual Property

The Site may contain trademarks, copyrights, patents, trade secrets, logos or other proprietary rights of ONF (“Intellectual Property”).  ONF owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangements of the Site's content.  Unless stated otherwise herein, you are not granted any license to use, or right in, any Intellectual Property on the Site and you may not remove any copyright notices, trademark, service mark or other proprietary rights notices.  ONF reserve all of its other rights not granted in these Terms of Use. You agree not to access the Site by any means other than through the interface that is provided by ONF.  Images of people or places displayed on the Site are either the property of ONF or used with permission.  The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by ONF.   

4. Accuracy; Limitation of Liability and Exclusion of Warranties

ONF makes commercially reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, you must evaluate the information and content of the Sites.  Your use and browsing of the Site is exclusively at your own risk and the Site is provided to you AS-IS WITHOUT WARRANTY OF ANY KIND.  ONF MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE MATERIALS CONTAINED HEREIN.  ONF EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  ONF DOES NOT WARRANT THAT (A) THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, (B) DEFECTS WILL BE CORRECTED, (C) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, OR (D) ANY CONTENT OR INFORMATION ON THE SITE IS CORRECT, RELIABLE, CURRENT OR COMPLETE. 

ONF ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.  UNDER NO CIRCUMSTANCES SHALL ONF OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THE TERMS EVEN IF ONF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

5. Privacy

ONF takes your privacy seriously. Your use of the Site constitutes the acceptance of ONF’s Privacy Policy, which is incorporated by reference into the Terms. Note that any third party websites linked to the Site have their own privacy policies. You are responsible for reviewing their policies. ONF may change its privacy policy without prior notice. Your continued use of the Site will be deemed an acceptance of the privacy policy then in effect.
 

6.  Links to Third Party Sites
The Site may contain links to other websites that are not under the control of ONF. They are provided as a convenience. ONF MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER WEB SITES LINKED TO THE SITE MAY BE MATERIALLY DIFFERENT THAN THE TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT WEB SITE. 

7. Intended Audience; Obligations

By using the Site, you represent that you are 18 years of age and are fully able to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Use.  You acknowledge and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Website and/or Services. You represent and warrant that: (a) you either are the sole and exclusive owner of any and all materials that you make available through the Site, or you have all rights, licenses, consents and releases that are necessary to grant to ONF the rights in such materials; and (b) you are not infringing, misappropriating or violating a third party’s intellectual property rights; and/or (c) you will not use the Services in violation of any applicable law or regulation. 

 

8. Local Laws; Dispute Resolution

The Site (excluding any linked Web site) is controlled by ONF from its offices within New Jersey. By accessing the Site, you agree that all matters relating to access to, or use of, the Site or any other linked Web site, shall be governed by the laws (both substantive and procedural) of the State of New Jersey without regard to the conflicts of laws principles. You also agree to the exclusive personal jurisdiction and venue of any New Jersey State court located in the County of Middlesex and any federal court of the United States of America located in the District of New Jersey.  Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use the Site in any such circumstances. Any controversy, dispute or claim arising out of or relating to the use of the Services and/or Website, these Terms of Use, or the breach thereof, shall be settled by binding arbitration administered by a single neutral arbitrator located in New Jersey to be agreed between the parties (such as a retired state court or federal judge) and conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures.   An award of arbitration may be confirmed in a court of competent jurisdiction.  However, if a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy for a breach of these Terms of Use such action may proceed without first resorting to arbitration.  Any such claims arising from or relating to the use of the Site, these Terms of Use, or the breach thereof will be heard and resolved in the federal and state courts located in New Jersey. 

9. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

10. Restrictions on Content and Site

You agree that you will not, nor will you permit any third party to do any of the following: (a) use the Site for any purposes not expressly provided for in this Terms of Use; (b) scan, probe, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) interfere with, disrupt, or damage the Site or access of any user, host, or network, including without limitation, sending a virus; cancel bots; Trojan horses; overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site; or similar methods or technology; (d) use our communication tools to send spam; and (e) engage in conduct that is illegal.

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11.  Participation in the Site

When you use the Site, you are responsible for the accuracy of the information you provide.  If applicable, you represent and warrant that any and all information you post to the Site or share with ONF complies with all ethical and licensure requirements, laws, rules, and regulations, including but not limited to Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  ONF is not responsible for any misuse of patient information that is transmitted, stored, or used in any manner in connection with the Site.  You shall not post or transmit to the Site any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.  

 

12.  Monitoring the Site

ONF has no obligation to monitor, screen, edit, or otherwise review the information that you or any other user post or transmit to or on the Site.  However, ONF reserves the right, in its sole discretion, to monitor the information posted on the Site to ensure compliance with these Terms as well as applicable laws, rules, and regulations.  Further, ONF may review, edit, remove, or refuse to post information you post or transmit to or on the Site.  In accordance with applicable law, ONF may reasonably disclose information to comply with any laws, rules, regulations, or governmental request. 

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13. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL ONF BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL ONF BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, REGARDLESS OF WHETHER ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THESE TERMS.

 

14. Disclaimer on Information and Advice

You acknowledge that the information on Site is provided “as is” for general information only and without warranties of any kind.  The materials on this Site are not meant to replace the services of a medical professional.  This Site does not offer medical advice or recommendation to individuals and you should not rely on the information posted in the Site as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs.   ONF aims to keep the materials on this Website current, however, healthcare information changes rapidly and thus the material on this Site should not be relied upon to by fully comprehensive or error free.  

 

15. Indemnification

You agree to indemnify, defend, and hold ONF and its respective officers, directors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) arising out of or relating to (a) your use of the Site; and (b) a violation of these Terms of Use.  

 

16. Release

By using the Site you acknowledge and agree that you release, remise, and forever discharge ONF and its respective officers, directors, employees, suppliers, licensors and agents from any and all claims of any nature whatsoever, whether known or unknown that arise out of or are in any way related to your use of this Site.  If you are a California resident, you waive California Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

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17. Digital Millennium Copyright Act Compliance

If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide ONF the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. ONF reserves the right to remove any content posted to the Site at our sole discretion.  Please contact our copyright agent to provide us notice of alleged copyright infringement at occipitalneuralgiafoundation@gmail.com .

18. Miscellaneous 
If ONF, in its sole discretion, determines that a violation of the Terms has occurred, ONF may pursue any of its legal remedies. However, the failure of ONF to exercise or enforce any right or provision of the Terms shall not constitute a waiver. If a term herein is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.  These Terms of Use are personal to you and you may not assign these Terms of Use, or your rights or obligations hereunder, to any third party, without our consent.  Any provision of these Terms of Use that is intended by its terms to survive termination will survive.  Except as otherwise expressly provided herein set forth the entire agreement between you and ONF regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral as it relates to the Site.  

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Contacting Occipital Neuralgia Foundation 

If you have any suggestions, comments, and/or questions about the Site and/or these Terms of Use, please contact us at occipitalneuralgiafoundation@gmail.com