Your use of this web site (the "Site”) and any web site operated and controlled by the Lipoprotein(a) Foundation ("we” or "us”) shall be subject to the following User Agreement (the "Agreement”) unless otherwise noted. By accessing information on this Site or participating in any of the forums or public areas on the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein. If you do not agree to the terms of this Agreement, please do not visit the Site.
Mission and Disclaimer
The goal of this web site and the Lipoprotein(a) Foundation is save lives by increasing awareness, advocating for routine testing, and finding a specific treatment for elevated Lipoprotein(a). The content of the Site is provided for informational purposes only. By using the Site, you acknowledge and agree that the information displayed on the Site, including responses from medical professionals, is intended solely for general educational purposes and you will not act on this information without first seeking advice from a medical professional. Neither we nor the Site intend to provide you with medical advice and the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately.
We do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site, by us, by our employees, agents, representatives, others appearing on the Site at our invitation, or by other visitors to the Site, is solely at your own risk.
Passwords and Username
Certain parts of the Site may require a password to enter. Users agree that they are responsible for all acts or omissions that occur on their account while their password is being used. It is the sole responsibility of registered members to (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their account and password; (3) inform us of any need to deactivate their password or change their registration as soon as possible. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
In addition, you are responsible for the selection of your username. Because the username that is selected by you may be publicly available, on a profile or public area portion of the Site, users should ensure that they select a username that does not contain any personally identifiable information.
Links to Third-Party Services
The Site contains copyrighted material, trademarks and other proprietary information, including comments, articles, information, catalogs, brochures, data, text, software, photos, video and graphics (the "Content”). This Content is subject to copyrights owned by us and by other individuals or entities and is protected by United States and international copyright laws. Content and features on the Site are subject to change or termination without notice in our editorial discretion. All rights not expressly granted herein are reserved to us.
Notice and Procedures for Making Claims of Copyright Infringement
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting us and providing the following information:·
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.·
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.·
- Your name, address, telephone number and e-mail address.·
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.·
- A statement that the information that you have supplied is accurate.
Use of the Content
You may use the Site and the Content offered on the Site for personal purposes. We authorize you to view or download a single copy of the material on the Site solely for your personal, noncommercial use so long as you do not remove the copyright or other proprietary rights notices which were contained in the Content. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Site or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Any use of the Content not expressly permitted by this Agreement is a breach of the Agreement and may violate U.S. or international copyright, trademark, and/or other laws. If you violate this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Our names, trademarks, service marks, and logos belong exclusively to us and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, services marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any copyright or trademark of ours or any third party.
User Submissions, Forums and Public Areas
USE OF OUR FORUMS AND PUBLIC AREAS CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN.
Certain places within the Site, such as forums, blog pages or other public areas, may allow users to post comments or communications that are publicly accessible and non-confidential. The content and communications posted within these areas is largely controlled by our users. We have no control over such content and cannot guarantee the accuracy or reliability of any such content or communications. Thus, the responsibility for what is posted on these pages of the Site lies with each user. You alone are responsible for material you post.
We do not claim ownership of any of the information or material that you transmit, distribute, post, communicate, or store on, to, or through the Site. Therefore, by submitting any such material or communication to the Site, you warrant that you own or otherwise control all the rights to any content or communications submitted by you to the Site and that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party. By submitting communications or content to any part of the Site, you agree that such submission is non-confidential and is not otherwise protected by any other law, including privacy, publicity, copyright or trademark law.
By submitting communications or content to a public area of the Site, you agree that such submission is non-confidential for all purposes. You agree to allow us and all other persons or organizations involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. We reserve the right, but shall have no obligation, to investigate the Site or your use of the Site in order to (a) determine whether a violation of this Agreement has occurred, (b) comply with any applicable law, regulation, legal process or governmental request, or (c) remove any postings, profiles, and terminate your ability to post to the Site at any time without notice, in our sole discretion. We also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials in whole or in part.
In cases where you believe a person has breached the terms and conditions of the Site, please contact us IMMEDIATELY. Do not attempt to contact the person yourself and do not post derogatory comments in any public areas on the Site.
If you make any submission to or communications on the Site, you automatically grant, or warrant that the owner of such content has expressly granted us a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense our rights through multiple tiers of sublicenses.
Rules for Posting Questions and Comments in Forums and Public Areas
We do not control the content or communications of any of the public areas on the Site. However, we reserve the right to monitor public areas to ensure the content and communications in such areas are within the spirit of the purpose of the web site and do not otherwise violate this Agreement. Specifically, the following actions will constitute a material breach of this Agreement:·
- Posting your full name(s), or any other confidential identifiable information of yourself or others;·
- Using a public area for any purpose in violation of local, state, federal, or international laws;·
- Posting material that infringes on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights;·
- Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion;·
- Posting advertisements, solicitations or spam links to other websites or individuals, without prior written permission from Us;·
- Posting chain letters or pyramid schemes;·
- Impersonating another business, person or entity, including us and our employees and agents;·
- Registering under more than one name and/or e-mail address;·
- Distributing viruses or other harmful computer code;·
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;·
- Allowing any other person or entity to use your identification for posting or viewing comments;·
- Posting any communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;·
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the Site, or which, in our judgment, exposes us or any of our customers, partners or suppliers to any liability or detriment of any type;·
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).
Users who violate these terms shall be liable for any claim, action, damage or harm caused to us or to any other injured party. Furthermore, we may terminate the account of any person who violates this Agreement and the rules provided above.
Enforcement of this Agreement
In the event that any of the terms of this Agreement have been breached or any rule stated above violated, we reserve the right (but are not obligated) to do any or all of the following:
1. Record the dialogue in public areas on the Site.
2. Investigate an allegation that a communication does not conform to this Agreement and determine in our sole discretion to remove or request the removal of the communication.
3. Remove communications which we determine, in our sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to this Agreement.
4. Terminate a user's access to any portions or pages of the Site .
5. Monitor, edit, or disclose any communication made on the Site.
6. Edit or delete any communication posted on the Site, regardless of whether such communication violates this Agreement.
We reserve the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.
Disclaimer of Warranties
THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED "AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE OR ANY OTHER WEB SITE, OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ANY IMPLIED WARRANTY THAT THE SITE AND ALL SOFTWARE, CONTENT SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AGENT(S) SHALL CREATE A WARRANTY.
When using the Site, information will be transmitted over a medium which is beyond our control or that of our partners, advertisers, and sponsors. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, WE DO NOT ENDORSE, AND MAKE NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF, ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
Limitation of Liability
In no event shall we, our partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site, the Content or any communications on the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. We are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or public area.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR EMPLOYEES, AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. I
By using the Site you agree to indemnify and hold us, our officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys' fees and costs) arising from your use or misuse of the Site.
Jurisdiction and Choice of Law
You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
This Agreement is governed by the laws of the State of California without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of the terms and conditions contained herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The Lipoprotein(a) Foundation
809 Laurel StreetSan Carlos, CA 94070
Tel.: (650) 995-3242
Changes to this User Agreement
We reserve the right to modify this Agreement as necessary. We will indicate the most current date of any change and encourage you to consult this Agreement from time to time. Continued use of the Site indicates you accept such changes. We reserve the right to discontinue or add web site functionality to support the organization’s goal to save lives by increasing awareness, advocating for routine testing, and finding a specific treatment for elevated Lipoprotein(a).
Date of last update: October 25, 2013