National Headache Foundation Web Site
Terms of Service
1. ACCEPTANCE OF TERMS
The NHF provides its service to you, subject to the following Terms
of Service ("TOS"), which may be updated by
us from time to time without notice to you. Your use of
the Site constitutes your agreement to all such terms,
conditions, policies and notices (the "Agreement").
2. DESCRIPTION OF SERVICE
The NHF provides users with access to a rich collection of resources through
its network of properties (the "Service"). Unless
explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release
of new NHF properties, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS"
and that the NHF assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications
or personalization settings.
You are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for
those fees. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
3. MODIFICATIONS TO SERVICE
The NHF reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree
that the NHF shall not be liable to you or to any third
party for any modification, suspension or discontinuance
of the Service.
The NHF may change, add or remove any part of this Agreement, or any other
terms associated with the use of the site, at any time,
by posting a notice of such changes to the Terms of Service
page of the Web site. Any changes shall become part of
the Agreement and shall apply as soon as such a notice
is posted. By continuing to use the NHF Web site after
the notice is posted, you are indicating your acceptance
of those changes.
4. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, sponsors, or third parties found on or through the
Service, 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 sponsor or third party. You
agree that the NHF 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 such sponsors or third parties on the Service.
5. LINKS
The NHF may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because the NHF has no control
over such sites and resources, you acknowledge and agree
that the NHF is not responsible for the availability of
such external sites or resources, and does not endorse
and is not responsible or liable for any content, accuracy,
quality, advertising, products, or other materials on
or available from such sites or resources. You further
acknowledge and agree that the NHF 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 content, goods or services
available on or through any such site or resource.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE NHF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE NHF MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT,
AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THE NHF OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL
PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR
OTHER INFORMATION CREATED BY NHF OR BY THIRD-PARTIES.
DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS
SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC
DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES
IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR
REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR
ANY PURPOSE.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE
OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY THE NHF
AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NHF SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF THE NHF HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
8. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
9. TRADEMARK INFORMATION
All materials on this site ("Online Materials"), including, without
limitation, names, logos, trademarks, service marks, images,
articles, columns, graphics, photographs, illustrations,
artwork, audio clips, video clips, software, and other
elements making up the Service are protected by copyrights
and other intellectual property rights owned and controlled
by the NHF. No Online Materials may be transmitted or
distributed in any way, or otherwise used for any purpose,
without the prior written permission of their respective
owners. You may not add, delete, distort, or otherwise
modify the content on this site. Any unauthorized attempt
to modify any Online Material, to defeat security features,
or to utilize this site for other than its intended purposes
is prohibited.
The National Headache Foundation, NHF logos and product and service names
are trademarks of The NHF. All other trademarks appearing
on the Site are trademarks of their respective owners
and our reference to them does not imply or indicate any
approval or endorsement by their owners unless such approval
or endorsement is expressly made. It is understood that
the NHF site is an information site and service and that
references to other names and trademarks are necessary
in the course of providing commentary about the subjects
that this site covers. The NHF will enforce its intellectual
property rights to the fullest extent of the law.
If you suspect that the NHF content or trademarks are being misused please
contact the NHF as soon as possible.
10. NON-WAIVER
The failure of NHF to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS 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 the TOS remain in full force and effect.
You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of
or related to use of the Service or the TOS must be filed
within one (1) year after such claim or cause of action
arose or be forever barred.
11. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
12. VIOLATIONS
Please report any violations of the TOS to 1-888-NHF-5552
13 . INDEMNIFICATION:
You agree to indemnify, defend and hold NHF harmless from any claims and
expenses, including reasonable attorneys' fees, arising
from or related to any breach by you of any terms of this
Agreement.
14. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS:
Any comments, materials, or letters sent by you to NHF regarding the site,
including without limitation, questions, comments, suggestions,
criticisms or the like ("Received Materials")
shall be deemed to be non-confidential and free of any
claims of proprietary or personal rights unless you explicitly
state in the correspondence that the letter is "not
for publication" and contains "private and proprietary"
information that may not be distributed. NHF shall have
no obligation of any kind with respect to such Received
Materials and NHF will be free to reproduce, use, disclose,
exhibit, display, transform, edit, abridge, create derivative
works from and/or distribute the Received Materials without
limitation or restriction. Furthermore, NHF is free to
use any ideas, concepts, know-how, or techniques contained
in any communication you send to NHF for any purpose whatsoever,
including, but not limited to, developing, manufacturing,
and marketing products using such information, without
compensation or any other obligations to anyone, including
you.
15. PRIVACY
You can read NHF's privacy statement here.
16. RESTRICTIONS ON USE:
You may not use NHF or its content for any illegal purpose or in any manner
inconsistent with these Terms and Conditions. You agree
to use NHF solely for your own noncommercial use and benefit
and not for resale or other transfer or disposition to
any other person or entity.
17. SEVERABILITY:
If any provision of this Agreement is found invalid or unenforceable, the
provision will be enforced to the maximum extent permissible
and the other provisions of this Agreement will remain
in force.
18. ENTIRE AGREEMENT:
This Agreement and any other terms and conditions of service on http://www.headaches.org
constitute the entire agreement between you and NHF and
govern your use of the Service.
19. REFUSAL OR DISCONTINUANCE OF SERVICE:
NHF reserves the right to refuse or discontinue service to any user for
non-compliance with these Terms and Conditions.
20. CHOICE OF LAW AND FORUM:
This Agreement will be governed by the laws of the State of Illinois. Any
dispute arising from the terms of this agreement or breach
of this agreement will be governed by the laws of the
State of Illinois and you agree to personal jurisdiction
by the state and federal courts sitting in Chicago, Illinois.
The parties hereby expressly waive trial by jury in any
action, proceeding or counterclaim brought by either of
the parties against the other on any matters whatsoever
arising out of or in any way connected with these Terms
and Conditions and agree to submit to binding arbitration.
I HAVE READ AND UNDERSTAND THIS SUBSCRIBER AGREEMENT AND AGREE TO BE BOUND
BY ALL OF ITS TERMS.
