TERMS OF USE
Welcome to the Type
1 Diabetes Association web site.
All users are subject to the following terms and conditions of use.
By accessing or using this web site, you agree that you have read,
understand and agree to be bound by these Terms of Use. We’ve tried
to write this document as plainly as possible.
1. Use of this Web Site
You agree to use this web site only for lawful
purposes related to your membership or possible membership in Type 1
Diabetes Association or related to your pursuit of the activities
and programming supported by Type 1 Diabetes Association. You agree
that you will NOT use it to:
1. Upload or transmit any content that is unlawful, harmful,
threatening, abusive, harassing, defamatory, obscene, libelous,
hateful, or racially, ethnically or otherwise objectionable
according to the community standards of your club or organization.
2. Violate the legal rights of others (including their right to
privacy), or violate the laws of any jurisdiction.
3. Impersonate any person or entity, including, but not limited to, a
Type 1 Diabetes Association administrator, or misrepresent your
affiliation with a person or entity.
4. Upload or otherwise transmit data that you do not have the legal
right to upload or transmit, that violates any patent, trademark,
trade secret, or copyright, or that contains a virus or deliberately
corrupted data. You acknowledge that you have full rights to
transmit the data that you upload or post, and you accept full
responsibility for its legality, reliability and appropriateness.
5. Collect information about others (including contact information and
e-mail addresses) without their consent.
6. Upload, store, maintain, forward or display adult content,
including documents and images of a lewd or lascivious nature. This
web site and the messages, documents, and images it contains may be
viewed by children, so all users share responsibility for ensuring
that content is appropriate.
7. Engage in any other conduct that restricts or inhibits anyone’s use
or enjoyment of the web site, or which, as determined by your club
administrators, may harm the Type 1 Diabetes Association or users of
the web site, or expose them to liability.
The administrators of Type 1 Diabetes Association
reserve the right to remove any information or material from the web
site, without explanation, which we determine, at our sole
discretion, to be incompatible with the above restrictions,
including anything that we believe, through our own research or
notification by others, may constitute copyright infringement.
However, these actions will be performed on a “best-efforts” basis.
The administrators of Type 1 Diabetes Association cannot review all
material that is posted to the web site, nor guarantee that
objectionable material is immediately removed. Therefore, the Type 1
Diabetes Association does not assume liability for any action or
inaction regarding such material uploaded to the web site or indeed,
for the content itself.
If you believe that your intellectual property is being violated by
something on this web site, please notify the Type 1 Diabetes
Association immediately with sufficient documentation to allow us to
identify the infringing material and its location, as well as your
claim and authority to file this notification, and your contact
information.
2. Your Account
If you are a member of Type 1 Diabetes
Association or a registered user of this web site, you will receive
a user name and password which are used to log into your account.
You are responsible for maintaining the confidentiality of your
username and password, and are fully responsible for all activities
that occur under your account. If you are accessing this web site
from a shared computer (such as in a public library), you must be
careful to log out of the account and close the browser before
leaving the workstation. If you suspect that your account has been
compromised in any way, you must notify the Type 1 Diabetes
Association immediately. The Type 1 Diabetes Association will not be
liable for any loss or damage arising from your failure to comply
with the provisions in this section.
3. Privacy and Protection of Personal Information
The Type 1 Diabetes Association’s collection,
storage and use of your personal information is described in the
Privacy Policy, which is incorporated by reference into this Terms
of Use document.
You acknowledge that the Type 1 Diabetes Association may release
personal information when required to do so by law, by a court of
competent authority, to enforce these Terms of Use, or to protect
the employees or officers of the Type 1 Diabetes Association or
other users of this web site.
4. Membership Events
Events are organized and sponsored by Type 1
Diabetes Association and/or other chapters of the parent club. Some
information on this web site regarding events is provided by the
event sponsor or organizer. The Type 1 Diabetes Association may not
have verified or certified the accuracy or completeness of this
information, and will not be liable for any errors or omissions. You
also agree to hold the Type 1 Diabetes Association and its agents
harmless from any liability or injury arising from or related to
your participation in such events.
5. Credit Card Transactions
This site supports credit card transactions of
various kinds. You acknowledge that you have carefully reviewed the
summary of charges for each transaction before selecting the link or
button to finalize the transaction. You further agree that the
transaction will appear on your credit card statement as “Type 1
Diabetes Association.” If you do not understand a credit card
transaction labeled as “Type 1 Diabetes Association”, contact us
immediately by email at
inquiry@t1da.org.
6. Copyright Restrictions / Use of Content
The contents of this web site, including
documents, web pages and photos, as well as organization specific
logos and graphic images, are copyrighted by Type 1 Diabetes
Association and are protected by US and international laws regarding
copyrights and trademarks. You agree that all messages and
information that you post to this web site become the property of
Type 1 Diabetes Association and may be used as it sees fit.
The organization of this web site, including its templates, graphic
themes, screen organization, forms, interactivity, database
structures and middleware programming, is copyrighted by, and a
valuable trade secret of, the Type 1 Diabetes Association and is
likewise protected by US and international laws regarding
copyrights, trademarks and intellectual property rights.
You are authorized to use this information as a member or
prospective member of the Type 1 Diabetes Association . You may not
use this information to create competing or derivative works, nor
may you distribute it to others as if it were your own. You are not
permitted to reproduce, sell or use this information for any
commercial purposes without the Type 1 Diabetes Association ’s
written permission. You are also not permitted to resell or
otherwise distribute the products and services provided by the Type
1 Diabetes Association written permission.
This web site may provide a facility which allows you to upload
photos of club events or activities, and which allows other members
to reproduce these photos for their own enjoyment but not for
commercial purposes. When you upload a photo to the site, you agree
to allow such non-commercial reproduction. When you download a photo
from this site you agree that you will not use it for commercial
purposes without first obtaining permission from the uploader.
7. Trademarks
The Type 1 Diabetes Association and any logos,
slogans, or tag lines are registered trademarks or trademarks of the
Type 1 Diabetes Association and may not be used in any commercial
manner without written permission from the Type 1 Diabetes
Association.
Other product or service marks contained herein are used for
identification purposes only and may be registered trademarks or
trademarks of their respective owners.
8. Disclaimer of Warrantees and Limitation of Liability
THIS SITE IS PROVIDED BY THE TYPE 1 DIABETES
ASSOCIATION ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE TYPE 1
DIABETES ASSOCIATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE,
WHICH HAVE NOT BEEN INDEPENDENTLY REVIEWED FOR ACCURACY,
COMPLETENESS OR SAFETY.
IF YOU RELY ON ADVICE OR INFORMATION PROVIDED ON THIS SITE, YOU
EXPRESSLY AGREE THAT YOU ARE DOING SO ENTIRELY AT YOUR OWN RISK. THE
TYPE 1 DIABETES ASSOCIATION EXPLICITLY DISCLAIMS ANY LIABILITY FOR
INJURY OR DAMAGES RESULTING FROM THE USE THEREOF.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE TYPE 1
DIABETES ASSOCIATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
THE TYPE 1 DIABETES ASSOCIATION DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, NOR THAT YOUR ACCESS TO THIS SITE AND ITS
SERVERS WILL BE RELIABLE, ERROR-FREE, OR UNINTERRUPTED.
THE TYPE 1 DIABETES ASSOCIATION WILL NOT BE LIABLE FOR DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES, ARISING OUT OF PERSONAL INJURY, LOST PROFITS OR DAMAGES
RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, OR OTHER
ERRORS OR OMISSIONS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
9. Disputes
With the possible exception of a violation or
threatened violation of Type 1 Diabetes Association 's intellectual
property rights, any dispute related to your use of this web site or
to products or services purchased or obtained through this web site,
shall be submitted to arbitration in California in accordance with
the prevailing rules of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. At the Type 1 Diabetes
Association’s sole discretion, intellectual property disputes may be
handled through the appropriate state or federal court in the state
of California, and you consent to exclusive jurisdiction and venue
in such courts.
10. Indemnification
You agree to indemnify and hold harmless the Type
1 Diabetes Association and their respective officers, directors,
shareholders, employees, agents, affiliates, third party information
providers, licensors and others involved in the web site or delivery
of products or services through the web site, from and against any
and all liabilities, expenses, damages and costs, including
reasonable attorney’s fees, arising from any violation by you of
these Terms of Use or your use of this web site, or of any products,
services or information obtained from this web site.
11. Comments and Submissions
The Type 1 Diabetes Association welcomes your
ideas for improving this web site or for adding new features that
would benefit club members and visitors. However, please understand
that we may already be working on similar features or talking to
other vendors who offer this capability.
Any comments, ideas, suggestions, or feedback
that you submit to the Type 1 Diabetes Association can not be
treated as confidential or proprietary and can be used or disclosed
by either organization as it sees fit. The submission of such
information does not limit or prevent the purchase or use of similar
products, services or ideas from any other party or vendor.
12. Third Party Links
This web site may contain links to other web
sites not controlled or managed by the Type 1 Diabetes Association.
The Type 1 Diabetes Association is not responsible for the quality,
accuracy or content of the information, products, services or
policies of these sites. Your use of such web sites is at your own
risk and subject to the terms and conditions of use for such web
sites. A reference or link from this web site to any products,
services, events or information by trademark, trade name or
manufacturer does not constitute or imply an endorsement,
sponsorship or recommendation and cannot be referenced as such
without the written permission of the Type 1 Diabetes Association.
13. Termination
If you are a member of the club, the Type 1
Diabetes Association reserves the right to close your account if you
do not renew your membership when it is due to expire, in accordance
with club policies posted on the site and in renewal notices sent by
email or regular mail.
The administrators of the Type 1 Diabetes Association also reserve
the right to terminate access to this web site and refuse service to
users who violate these Terms of Use or who we reasonably believe
are not intending to use the platform for its intended purpose, and
to pursue legal remedies against persistent or serious offenders.
14. T1DA Community Guidelines
The Terms
of Use includes the
T1DA
Community Guidelines. By taking part in the T1DA Online
Community, you verify that you have read, understand, and agree to
be bound by these guidelines.
15. Miscellaneous Provisions
The use and operation of this web site shall be
governed by the laws of the State of California without regard to
conflict of law provisions. If you sign up for membership, register
for events or purchase products and services through this web site
from another country, you do so in accordance with US law and with
the transaction denominated in US Dollars.
If a court should hold any provision of this Agreement invalid or
unenforceable, such provision shall be modified to the minimal
extent necessary to render it enforceable without losing its intent,
or severed from this Agreement if no such modification is possible,
and other provisions shall remain in full force and effect.
The Type 1 Diabetes Association may modify these Terms of Use at any
time without notice by posting this amended and dated document to
the web site. You should check back periodically to see if anything
has changed. Your continued use of the web site indicates your
acceptance of the revised terms of use.
If you have any questions, comments, or concerns
about this Terms of Use Statement please contact us at:
Type 1 Diabetes Association, Inc.
4235
Shelter Creek Lane
San
Bruno, California 94066
Email:
inquiry@t1da.org