Updated November 20, 2009
1. American Diabetes Association diabetes.org User Account
You are responsible for ensuring that no unauthorized person shall have access to your password(s) or account(s). It is your sole responsibility to (1) control the dissemination and use of your passwords; (2) authorize, monitor, and control (a) access to, and (b) use of your ADA account(s) and password(s); (3) promptly inform ADA if you wish to deactivate a password(s). You grant the Association and all other persons or entities involved in the operation of the Association Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Association Site. The Association cannot and does not assume any responsibility or liability for any information you submit to the Association Site, or for your or third parties' use or misuse of information transmitted or received using the Association Site.
2. Use of the Site
You understand that all information, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages or other materials, (the "Materials"), are the sole responsibility of the person or entity from which such Materials originated. This means that you, and not the American Diabetes Association, are solely responsible for all Materials that you upload, post, email, transmit or otherwise make available (collectively "Upload") to any portion of the Site. We do not control all of the Materials posted via the Site and, as such, cannot and do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Site, you may be exposed to Materials that may be offensive or objectionable. Under no circumstances will the American Diabetes Association be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials Uploaded via the Site. You agree to not use the Site to: (i) Upload any Materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, including, but not limited to, an American Diabetes Association representative, or misrepresent your affiliation with a person or entity; (iii) Upload any Materials that you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; and (iv) Upload any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any Material that contains software viruses or the like (v) promote the products or services of any entity (even if you disclose your affiliation). You understand and agree that the American Diabetes Association does not pre-screen Materials, but that we and our designees shall have the right in our sole discretion to refuse or remove any Materials posted to the Site.
The American Diabetes Association and our respective agents and representatives, both individually and collectively, make no representations with respect to the contents hereof and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose.
The material provided on the American Diabetes Association's Site is designed for educational and entertainment purposes only. It is provided with the understanding that the Association is not engaged in rendering medical advice or recommendation. You should not rely on any information in text files, messages, or articles on this page to replace consultations with qualified health care professionals to meet your individual medical needs. Materials copyrighted by the American Diabetes Association are for personal use only. Permission to otherwise reprint or electronically reproduce any document in part or in its entirety is expressly prohibited, unless prior written consent is obtained from the rightful owner or the American Diabetes Association. To obtain permission from the ADA for other than personal use, email email@example.com.
The compilation of information on the American Diabetes Association's Site, including the design and organization is copyrighted and may not be reprinted nor electronically reproduced.
3. Termination of Use
You agree that the American Diabetes Association, 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. The American Diabetes Association may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision hereof may be effected without prior notice, and acknowledge and agree that the American Diabetes Association 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. Further, you agree that the American Diabetes Association shall not be liable to you or any third-party for any termination of your access to the Site.
4. Use of Uploaded Materials
The American Diabetes Association does not claim ownership of Materials you Upload on the Site. If you Upload Materials via the Site (either by offering suggestions via e-mail or participating in any interactive opportunities available on this Site), such information shall be considered non-confidential and the American Diabetes Association shall have no obligation of any kind with respect to such information, and shall be free to use any ideas, concepts, or information contained in such Materials without any obligation and, for any purpose, including but not limited to developing, manufacturing, and marketing products incorporating such information. In addition, you grant the American Diabetes Association a world-wide, royalty free and non-exclusive license with respect to Materials to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Materials on the Site (i) to provide and promote the specific portion of the Site to which such Materials were submitted or made available, and (ii) for the purpose for which such Materials were submitted or made available. You agree to indemnify and hold the American Diabetes Association, and its directors, officers, agents, subsidiary organizations, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Materials you Upload, your use of the Site, your connection to the Site, or your violation of any rights of another. ADA retains the right to turn over any materials if legally requested to do so.
5. Social Networking Media and Content
Information shared within any social media areas of this site are not reviewed by the American Diabetes Association. These areas are provided for you to share personal experiences, connect with other visitors, and discuss anything relevant to the management and treatment of diabetes. It is strongly recommended that patients and their caregivers consult with the medical provider regarding their health condition before undertaking any treatment(s) for diabetes or other conditions. The Association cannot and shall not be held liable for any recommendations made by users and visitors to our Web site. If you are aware of a copyright violation, please contact firstname.lastname@example.org.
If you participate in one or more Social Networking areas within the Association Site, you cannot:
- Participate if you are under the age of 13. Note: Children under the age of 13 may participate in the PlanetD® and Diabetes Camp Message Boards; see “Special Considerations for Planet D and Diabetes Camp Message Boards” , below.
- Advocate illegal activity or discuss illegal activities;
- Post or distribute any vulgar, obscene, discourteous, unlawful, obscene, defamatory, unwelcome, threatening, harassing, abusive, slanderous, hateful, or indecent language or images or embarrassing to any other person or entity as determined by the Association in its sole discretion;
- Advertise, sell to or solicit others;
- Make any bigoted, hateful, or racially offensive statements;
- Use the Message Boards for commercial purposes of any kind, even if you disclose yourself as a representative of such commercial entity;
- Post or distribute any software or other materials that contain a virus or other harmful component;
- Post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
- Use the Message Boards for any purpose in violation of local, state, national, or international laws;
- Post or distribute any material that infringes and/or violates any right of a third party or any law, including the intellectual property rights of others or the privacy or publicity rights of others; Continue to post comments after receiving a warning;
- Post chain letters or pyramid schemes; Impersonate another person;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Allow any other person or entity to use your identification;
- Post the same note more than once or "spam"; or
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Message Boards area of the Site, or which, in the judgment of the Association , exposes the Association or any of its customers or suppliers to any liability or detriment of any type.
- Copy, quote, or otherwise recreate any Social Networking messages, media, or other postings outside of the diabetes.org domain without express written permission from the American Diabetes Association.
You are solely responsible for your own communications within the Social Networking areas, the consequence(s) of posting these communications, and your reliance on any communications in the Social Networking areas. If you feel threatened or believe someone else is in danger, contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
When participating in the Social Networking areas, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained in the Social Networking areas may not be reliable, and it is not a good idea to make any decisions based solely or largely on information you cannot confirm. The Association shall not and cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.
The Association reserves the right (but is not obligated) to do any or all of the following.
- Investigate an allegation that a communication(s) do(es) not conform to the TOU and determine in its sole discretion to remove or request the removal of the communication(s);
- Monitor or disclose any communication in the Social Networking areas.
The Association reserves the right to remove postings from any Social Networking area at any time and for any reason. The Association reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. However, the Association assumes no liability or responsibility to users of the Association Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Special Considerations for PlanetD® and CampDiabetes Social Networking Areas
Protecting the privacy of the very young is especially important. For that reason, children under age 13 are prohibited from entering the diabetes.org Message Board area. The Association adheres to the 1998 Children's Online Privacy Protection Act (COPPA). For more information, visit the Federal Trade Commission's COPPA site.
PlanetD Social Networking Areas: PlanetD is designed to be a comfortable place for children and youth to exchange messages. No personally identifiable information is collected during the PlanetD Social Networking registration process.
Diabetes Camp Social Networking Areas: Access to the Diabetes Camp Social Networking area is limited; only children and youth who have attended an ADA sponsored, supported, or affiliated Diabetes Camp are provided access.
6. General Practices
You acknowledge that the American Diabetes Association may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that Uploaded Materials will be retained by the Site, the maximum disk space that will be allotted on the American Diabetes Association's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You acknowledge that the American Diabetes Association reserves the right to remove accounts. You further acknowledge that the American Diabetes Association reserves the right to change these general practices and limits at any time, in its sole discretion, without notice.
7. Links to Other Sites
The Site may provide links to other World Wide Web sites or resources. You acknowledge and agree that the American Diabetes Association has no control over such sites and resources and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Materials, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the American Diabetes Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Materials or goods available on or through any such site or resource.
8. American Diabetes Association's Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Materials contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyright, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by the American Diabetes Association, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. The American Diabetes Association grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by the American Diabetes Association for use in accessing the Site.
9. Disclaimer of Warranties and Limitation of Liabilities
IN NO EVENT SHALL AMERICAN DIABETES ASSOCIATION, ITS AGENTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL 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 WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMERICAN DIABETES ASSOCIATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Choice of Law and Jurisdiction