1. American Diabetes Association diabetes.org user account
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 firstname.lastname@example.org. 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
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
10. Choice of law and jurisdiction
11. DMCA notification guidelines
To notify the American Diabetes Association of alleged copyright or trademark infringement on any of our websites, send a notice to the address down below. Please be sure to provide ALL of the following information (it is all required by 17 U.S.C. §512(c)(3)): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringe Identification of the specific protected work that you claim is being infringed or the subject of infringing activity (if multiple copyrighted works are covered by a single notification, a representative list of such works), along with information sufficient to permit us to locate the materia Identification of the material that you claim is infringing upon protected rights and that is to be removed or access to which is to be disabled (if multiple copyrighted works are covered by a single notification, a representative list of such works), along with information sufficient to permit us to locate the material Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and, if available, an electronic mail ("email") address (and the preferred method of contact, if you have one This statement: I have a good faith belief that use of the material in the manner complained of is not authorized by the material's owner, or its agent, or the law. A statement by you that the information in the notification is accurate and that you have the authority to enforce the rights that you claim are being infringed Upon receipt of the above information, AHA will promptly investigate and take appropriate action, then notify you of that action at the contact address you provide. We may need to contact you for more information before we take action.
Designated Agent for Notification of Claimed Copyright Infringement
Address: American Diabetes Association 2451 Crystal Drive, Suite 900 Arlington, VA 22202