Posted on: February 10, 2014
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IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911 OR THE TELEPHONE NUMBER OF YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
IF YOU HAVE IMMEDIATE HEALTH ISSUES OR CONCERNS, PLEASE CALL YOUR PHYSICIAN DIRECTLY.
THE SOLE PURPOSE OF THIS WEBSITE IS TO DISSEMINATE INFORMATION REGARDING ALZHEIMERS DISEASE. THE FISHER CENTER FOR ALZHEIMERS RESEARCH FOUNDATION NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR SERVICE LISTED ON THIS WEBSITE. THIS WEBSITE IS NOT INTENDED TO SERVE AS OR TO REPLACE YOUR PHYSICIAN, TO RENDER MEDICAL ADVICE, TO MAKE DIAGNOSES, TO ADMINISTER TREATMENT OR TO MAKE REFERRALS FOR SUCH SERVICES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND BEFORE EMBARKING ON A NEW TREATMENT, DIET OR FITNESS PROGRAM. MOREOVER, THE INFORMATION AND MATERIALS AVAILABLE ON THE WEBSITE DO NOT CONSTITUTE LEGAL ADVICE AND SHOULD NOT BE RELIED ON AS SUCH. IF YOU WANT LEGAL ADVICE, YOU SHOULD CONSULT A LAWYER.
The Fisher Center for Alzheimer’s Research Foundation (The Fisher Center, we, us) has created an Internet-based information and communication service (the Site) providing resources related to Alzheimer’s disease. We offer use of the Site to you subject to your acceptance of the terms and conditions set forth in this agreement (Agreement). PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. IF THIS AGREEMENT IS NOT ACCEPTABLE TO YOU, PLEASE DO NOT USE THE SITE.
This Agreement is made between The Fisher Center and you, the Site visitor and/or member (you). We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
- Change any fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, postings on the Site or via electronic mail. Your use of the Site after such notice will constitute acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. You can determine if the Agreement has been revised by referring to the Last revised date at the beginning of the Agreement.
Important Disclaimer Information
Your use of the Site is at your own risk. The relationship between you and The Fisher Center is not a physician-patient relationship or other similar relationship. The Site contains information, data, text and other content (Materials) compiled from a variety of sources (Information Providers). The Site is provided for your convenience, and is intended to broaden consumer understanding and knowledge of Alzheimer’s disease and related health care topics. The Fisher Center does not endorse nor is it responsible for the accuracy or reliability of any Materials. The Materials are not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion or other Materials available through the Site. NOTHING CONTAINED IN THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF LAW, THE PRACTICE OF MEDICINE, OR NURSING, OR PROVIDING OF HEALTH CARE ADVICE OR INSTRUCTION FOR MEDICAL DIAGNOSIS OR TREATMENT.
The Fisher Center does not recommend the self-management of health problems. You should never disregard medical advice or delay in seeking it because of something you have read here.
Listings and Service Providers
The Materials also include listings submitted to us by product and service providers or other third parties. These provider listings may include contact information, descriptions of products and services, and links to other websites, and are made available solely for your convenience. The Fisher Center does not verify, screen, endorse, warrant or guarantee any such products or services. Moreover, your correspondence or business dealings with, or participation in promotions of, such listing providers or sponsors found on or through the Site (including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such listing provider or sponsor. You agree that The Fisher Center shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of information regarding such listing providers or sponsors on the Site. All questions concerning such products or services should be directed to the applicable provider, and not to The Fisher Center. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT OR SERVICE DESCRIBED ON THE SITE IS PROVIDED SOLELY BY THE LISTING PROVIDER, OWNER, SPONSOR OR MANUFACTURER OF THAT PRODUCT OR SERVICE, AND NOT BY THE FISHER CENTER.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FISHER CENTER MAKES NO WARRANTIES (AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES) ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, INFORMATION, AND LINKS, OR ABOUT THE USE OR RESULTS OF THE USE OF THE INFORMATION OBTAINED FROM THE SITE. THE FISHER CENTER CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Site strives to serve as an empowering resource for people with Alzheimer’s disease, their families, friends and caregivers. As part of this effort, the Site may contain links and references to other sites (Linked Sites) for purposes of requesting information, seeking advice and locating resources. Linked Sites are operated independently of the Fisher Center, and we are not responsible for the accuracy, quality or lawfulness of their content or services. We encourage you to use your discretion when dealing with any sources available on the Internet, including Linked Sites.
You acknowledge that when you click on a link to visit a Linked Site (even if a frame appears that contains the ALZinfo.org name or logo, or The Fisher Center name or logo and/or other content selected by The Fisher Center), The Fisher Center is not affiliated with the Linked Site and is not responsible for any content that appears on or services offered through the Linked Site. You also acknowledge that the owner of the Linked Site is neither endorsed by nor affiliated with us.
Membership and Registration
As part of the membership registration process, you will be asked to select a username and password. We may refuse to grant you, and you may not use, a username or password that is already in use; that may impersonate another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion.
Making Donations and Contributions
Rules for Certain Site Features
Use of Secure Area and Password
Where we establish secure or protected areas of the Site, we do so to provide you with a space in which information meant just for you and The Fisher Center or the Sites members can be shared. It is in your best interest to protect your password and user information in order to avoid others gaining access to and using this information. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by updating your account information by visiting this page and immediately notify us of the problem by emailing us at email@example.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree not to post any material on the Site that you do not own or do not have the right to post. You acknowledge and agree that by posting any information to the Site (the Postings) you grant to The Fisher Center a royalty-free, perpetual, irrevocable, non-exclusive, transferable, worldwide right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, distribute, translate, and sub-license such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Further, by submitting Postings, you acknowledge that you have the authority to grant such rights to The Fisher Center. None of the Postings are endorsed by The Fisher Center, and we cannot and do not make any representations with respect to the truth or reliability of the Postings. We reserve the right, but have no obligation, to remove any Postings, in whole or in part, from the Site, or to refuse to post any Postings for any reason, or no reason, in our sole discretion.
Through the message boards, chat rooms, Living Memoriam section and other forums hosted by us on the Site (the Forums), The Fisher Center strives to provide a place for people with a wide variety of views to exchange information and converse. Please respect the right of others to voice their opinions and be sensitive to how your comments may be perceived. Avoid posting anything that is illegal, unethical, harassing or disruptive. In addition, you may occasionally find yourself in disagreement with someone. At times like this, keep in mind that it is more effective and persuasive to take issue with the writer’s comments, rather than attack them personally. Matters such as religion, spirituality, and morality can be particularly sensitive. To ensure that your visits to the Forums are stimulating and useful, we have developed the Community Guidelines set forth below. These Community Guidelines are not meant to hamper thought or expression, but to make sure that the Forums remain safe, respectful, and enjoyable.
The following Postings are forbidden. By using the Site, you agree not to submit such Postings and acknowledge that we have the right, but not the obligation, to remove such Postings at our sole discretion:
- Postings that defame, abuse, or threaten others;
- Postings that intentionally disrupt a sensitive discussion;
- Postings that are bigoted or advocate violence against or harassment of particular individuals or groups;
- Postings that promote illegal activity or discuss illegal activities with the intent to commit them;
- Postings that contain unauthorized copyrighted material;
- Postings that advertise or contain any form of commercial solicitation;
- Spamming (Postings repeated on various boards and folders);
- Postings that contain personal phone numbers and addresses;
- Postings that contain vulgar, obscene, or indecent language, information, or images;
- Postings that contain hyperlinks that lead to sites that violate any of these guidelines;
- Postings that solicit or promote the use of an illegal substance;
- Postings or other material that contain a virus or other harmful component; and
- Postings that impersonate users or moderators of the Site or employees of The Fisher Center.
You acknowledge that the views expressed in Postings are those of our members and do not necessarily reflect the views of The Fisher Center or any of our employees or sponsors.
If you believe that someone has violated these Community Guidelines, please e-mail us at: firstname.lastname@example.org. Please keep in mind that although providing a supportive community setting for our users is a priority, we are not obligated to remove Postings that you believe violate these guidelines, except as required by law.
Code of Conduct
In addition to the Community Guidelines set forth above, you agree not to:
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of hacking or defacing any portion of the Site;
- Use the Site for any unlawful purpose;
- Transmit (1) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (2) any material, non-public information without the authorization to do so; (3) any trade secret of any third party; or (4) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
- Frame or mirror any part of the Site without our prior written authorization;
- Link to any page of or Materials on the Site (including the URL located at /) without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, without our prior written authorization; or
- Use the Site to collect or store personal data about other users.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
2002-2019 The Fisher Center for Alzheimer’s Research Foundation. All Rights Reserved.
The Materials, including, but not limited to, all text, photographs, graphics, illustrations, artwork, video, music, names, logos, trademarks and service marks are, unless otherwise indicated, the sole property of The Fisher Center or its licensors, and are protected by copyright, trademark and other laws. Permission (which may be revoked at any time) is granted to download the Materials for private, non-commercial use only. You may not distribute or transmit the Materials in any form, including, without limitation, electronically or in print, without our prior written permission. You acknowledge that you do not acquire any ownership rights by downloading any Materials from the Site.
All trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of the Fisher Center or their respective owners.
The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.Notices and counter-notices should be sent to:
Name: Lucretia Holden
Address: The Fisher Center for Alzheimer’s Research Foundation, 110 East 42nd Street, 16th Floor, New York, NY 10017
Telephone Number: 212-915-1321
Fax Number: (212) 915-1319
E-mail Address: email@example.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
We encourage and look forward to long relationships with people who enjoy the Site. However, if we feel that the conduct of a visitor is not appropriate to the spirit of our online community, we reserve the right to terminate that visitors access and or membership, with or without notice. We also reserve the right to terminate this Agreement at any time for any reason or no reason. The provisions entitled Important Disclaimer Information, Limitation of Liability and Indemnification will survive any termination of this Agreement.
You agree that The Fisher Center, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Materials within the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. You further agree that we shall not be liable to you or any third party for any termination of your access to the Site.
The Site is solely directed to individuals residing in the United States. We make no representation that Materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right (but are not obligated) to limit the availability of the Site and/or the provision of any service described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
Limitation of Liability
NEITHER THE FISHER CENTER NOR ITS AFFILIATES, SUPPLIERS, AGENTS, SPONSORS OR INFORMATION PROVIDERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS, LISTINGS OR OTHER CONTENT, OR ANY PRODUCT OR SERVICE LISTED OR AVAILABLE ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, OR THE MATERIALS CONTAINED ON THE SITE, IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE FISHER CENTER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold The Fisher Center and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from and against any and all claims, damages, costs or expenses (including attorneys fees) that arise directly or indirectly out of or from: (1) your breach of this Agreement; (2) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (3) your activities in connection with the Site.
Use of This Site By Children
If you are not at least eighteen (18) years old, please do not access or use the Site. The Site does not target, through its sponsorships, appearance, links to other sites or otherwise, children under the age of eighteen (18).
In addition, pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation and of America Links Up.
This Agreement constitutes the entire agreement between you and The Fisher Center and governs your use of the Site, superseding any prior agreements between you and The Fisher Center. This Agreement and the relationship between you and The Fisher Center shall be governed by the laws of the State of New York without giving effect to any of its choice of law rules. You and The Fisher Center agree to irrevocably submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York in the State of New York, and irrevocably waive the defenses of improper venue or inconvenient forum. The failure of The Fisher Center to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by you except with The Fisher Centers prior written consent. The section titles in this Agreement are for convenience only and have no legal or contractual effect.