TERMS OF SERVICE
Last updated May 01, 2024
AGREEMENT TO OUR LEGAL TERMS
We are PARKINSON'S RESEARCH AND EDUCATION FOUNDATION ("Company," "we," "us," "our"), a company registered in Florida, United States at 951 NW 13th Street, Bldg 5-E, Boca Raton, FL 33486, doing business as the Institute for Neurodegenerative Diseases (IND) Florida.
We operate the website ind.org (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by mail at 951 NW 13th St., Bldg 5-E, Boca Raton, FL 33486, United States.
These Legal Terms constitute a legally binding agreement made between you, and PARKINSON'S RESEARCH AND EDUCATION FOUNDATION, regarding your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES. YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents posted on the Services from time to time are incorporated herein by reference. We reserve the right, in our sole discretion, to make changes to these Legal Terms. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users aged 18 years and above. Individuals under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. THIRD-PARTY WEBSITES AND CONTENT
8. SERVICES MANAGEMENT
9. PRIVACY POLICY
10. TERM AND TERMINATION
11. MODIFICATIONS AND INTERRUPTIONS
12. GOVERNING LAW
13. DISPUTE RESOLUTION
14. CORRECTIONS
15. DISCLAIMER
16. LIMITATIONS OF LIABILITY
17. INDEMNIFICATION
18. USER DATA
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20. CALIFORNIA USERS AND RESIDENTS
21. VIDEO, AUDIO & WRITTEN EDUCATIONAL CONTENT DISCLAIMER
22. MISCELLANEOUS
23. CONTACT US
1. OUR SERVICES
The information provided through our Services is intended solely for use by any individual or entities in any jurisdiction where such distribution or use is lawful and compliant with local regulations. Users accessing our Services from locations outside our intended jurisdiction do so at their own discretion and assume full responsibility for compliance with relevant local laws.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act [HIPAA], Federal Information Security Management Act [FISMA], etc.) Therefore, if your activities would require compliance with such regulations, our Services may not be suitable for your use. Additionally, usage of our Services must not violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We own or hold licenses of all intellectual property rights associated with our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos (the "Marks") contained therein.
Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and treaties in the United States and internationally.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purposes only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
■ access the Services; and
■ download or print a copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use or internal business purpose.
Except as expressly permitted in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to use the Services, Content, or Marks in a manner other than as set permitted in this section or elsewhere in our Legal Terms, please send your request to info@indflorida.org. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in relation to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please carefully review this section and the "PROHIBITED ACTIVITIES" section before using our Services to understand the (a) rights you grant us and (b) obligations when posting or uploading content through the Services.
Submissions: By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign all intellectual property rights in such Submissions to us. We will own and have the unrestricted right to use and disseminate these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for your posts or uploads: By sending us Submissions through any part of the Services you:
■ confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
■ to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
■ warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
■ warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any losses that we may suffer due to your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you confirm and assure that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are of legal age in your jurisdiction; (3) you will not access the Services through automated or non-human methods, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your usage of the Services will not violate any applicable law or regulation.
In the event that you provide any information that is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny access to any current or future use of the Services (or any part thereof).
4. PROHIBITED ACTIVITIES
You are only permitted to access or use the Services for the purposes for which they are made available. The Services must not be utilized for any commercial endeavors unless explicitly endorsed or approved by us.
As a user of the Services, you agree not to:
■ Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
■ Attempt to Trick, defraud, or mislead us and other users, especially in any attempt to obtain sensitive account information such as user passwords.
■ Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
■ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
■ Use any information obtained from the Services to harass, abuse, or harm another person.
■ Misuse our support services or submit false reports of abuse or misconduct.
■ Engage in activities that violate applicable laws or regulations.
■ Engage in unauthorized framing of or linking to the Services.
■ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
■ Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
■ Remove copyright or other proprietary rights notice from any Content.
■ Impersonate another user or use their username without permission.
■ Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
■ Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
■ Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
■ Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
■ Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
■ Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
■ Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
■ Use a purchasing agent or automated means to make a purchase of the Services.
■ Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
■ Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
■ Use the Services to advertise or offer to sell goods and services.
■ Sell or otherwise transfer your profile.
5. USER GENERATED CONTRIBUTIONS
The Services do not allow users to submit or post content.
6. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide, including your choices and settings.
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensating you.
7. THIRD-PARTY WEBSITES AND CONTENT
The Services may include links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement. If you choose to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms will no longer govern your actions. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.
Any purchases made through Third-Party Websites are between you and the third-party website or company, and we take no responsibility for such transactions. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and we are not liable for any harm caused from your purchase of such products or services.
Additionally, you shall hold us harmless from any harm or losses sustained by you caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such users to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, at our sole discretion and without limitation; (4) remove from the Services or disable all files and content that are excessive in size or are in any way burdensome to our systems, at our sole discretion and without notice or liability; and (5) manage the Services to protect our rights and property and to facilitate the proper functioning.
9. PRIVACY POLICY
We prioritize data privacy and security. By using the Services, you agree to adhere to our Privacy Policy available on the Services, which is integrated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, your continued use of the Services, constitutes consent to the transfer and processing of your data in United States.
10. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON, FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
While we strive to provide uninterrupted access to the Services, we cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other technical issues or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we bear no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. These Legal Terms do not impose any obligations on us to maintain, support, or provide any corrections, updates, or releases for the services.
12. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under these Legal Terms or related to your use of the Services shall be resolved exclusively in the courts located in the State of Florida.
13. DISPUTE RESOLUTION
Any legal action brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Palm Beach County, Florida. Parties hereby consent to jurisdiction in such courts and waive all defenses of lack of personal jurisdiction or forum. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
14. CORRECTIONS
The Services may contain information on typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update the information on the Services at any time, without prior notice.
15. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. LIMITATIONS OF LIABILITY
WE, along with OUR DIRECTORS, EMPLOYEES, OR AGENTS shall not BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING but not limited to LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of or related to (1) use of the Services; (2) any breach of these Legal Terms by you; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act toward any other user of the Services with whom you connected via the Services. However, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
18. USER DATA
We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. By using the services, you agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right to take legal action against us arising from any such loss or corruption of such data.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Your Visit to the Services, sending us emails, and completing online forms constitute electronic communications. By using the Services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, fulfill any legal requirement that such communication be in writing. YOU ALSO HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature or delivery or retention of non-electronic records or require payments or credits to be granted by any means other than electronic means.
20. CALIFORNIA USERS AND RESIDENTS
If you have a complaint with us that is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
21. VIDEO, AUDIO & WRITTEN EDUCATIONAL CONTENT DISCLAIMER
The Video, Audio and Written Educational Content included on this 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. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on the Site.
The information contained in the Educational Content posted represents the views and opinions of the individual in the recording and does not necessarily represent the views or opinions of IND. The mere appearance of Educational Content on the Site does not constitute an endorsement by IND or its affiliates of such Content.
The Educational Content has been made available for informational and educational purposes only. IND does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the Content. IND does not warrant the performance, effectiveness or applicability of any sites listed or linked to in any Content. IND hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Content, which is provided as is, and without warranties.
22. MISCELLANEOUS
These Legal Terms, along with any policies or operating rules posted by us on the Services or pertaining to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be considered as a waiver of such right or provision. These Legal Terms are enforceable to the fullest extent permitted by law. We may reserve the right to assign any or all of our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that remaining provision shall remain valid and enforceable. These Legal Terms do not create any joint venture, partnership, employment, or agency relationship between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
23. CONTACT US
To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
PARKINSON'S RESEARCH AND EDUCATION FOUNDATION
951 NW 13th St
Bldg 5-E
Boca Raton, FL 33486
United States